LIBRARY 

OF  THE 

UNIVERSITY  OF  CALIFORNIA 

GIFT  OF 


Received  ,  190 

Accession  No.    _  .82738  •    Class  No.   ^* 

•   !     *.. 


SCHOOL  LAWS  OF  IOWA 


FROM  THE  CODE  OF  1873, 


AS  AMENDED  BY  THE  FIFTEENTH,  SIXTEENTH,  SEVENTEENTH,  EIGHT- 
EENTH, NINETEENTH,  TWENTIETH,  TWENTY-FIRST,  TWENTY- 
SECOND,  TWENTY-THIRD  AND  TWENTY-FOURTH 
GENERAL   ASSEMBLIES, 


HOTES    AHD    FORMS 


FOR 


THE  USE  AND  GOVERNMENT  OF  SCHOOL  OFFICERS. 


1SS2. 


J.    B.    KNOEPFLER, 

SUPERINTENDENT  OF  PUBLIC  INSTRUCTION. 


.CALIFQJ2 

DES  MOINES: 

GEO.    H.   KAGSDALE,  STATE  PRINTER, 
1892. 


LP 


When  any  school  officer  is  superseded  by  Election  or  otherwise,  he 
shall  immediately  deliver  tn  his  successor  in  office,  all  banks,  papers, 
and  moneys  pertaining  to  his  office,  taking  a  receipt  therefor;  and  every 
such  officer  who  shall  refuse  to  do  so,  or  who  shall  willfully  mutilate 
or  destroy  any  such  books  or  papers,  or  any  part  thereof,  or  shall  mis- 
apply 'any  moneys  entrusted  to  him  by  virtue  of  his  office,  shall  be 
liable  to  the  provisions  of  the  general  statutes  for  the  punishment  nf 
such  offense,— SECTION  1791,  COLE, 


PREFACE. 


This  edition  is  prepared  and  sent  out  in  compliance  with  section  1579 
of  the  Code,  as  amended.  The  text  contains  all  the  enactments  now  in 
force  referring  directly  to  school  matters. 

It  is  the  intention  of  the  law  that  every  member  of  the  board  shall 
have  a  copy  of  the  school  law  for  his  official  use  and  to  transmit  to  his 
successor  in  office. 

A  little  change  has  been  made  in  the  arrangement  of  the  laws.  Enact- 
ments of  the  general  assembly  since  the  Code  of  1873,  are  published  in 
close  relation  to  those  sections  with  which  they  have  a  logical  connection, 
instead  of  following  chronologically  as  heretofore.  It  is  believed  this 
will  save  confusion,  and  be  a  convenience  to  all  having  occasion  to  con- 
sult the  school  laws. 

The  explanatory  notes  have  been  carefully  revised,  and  also  extended 
in  number,  so  as  to  include  a  larger  variety  of  different  particulars. 
When  it  is  remembered  that  these  notes  must  of  necessity  be  greatly 
condensed  in  order  to  make  room  for  so  many,  the  reason  for  their 
brevity  in  some  cases  will  be  understood.  While  these  opinions  reflect 
the  gathered  experience  of  many  years,  it  must  not  be  presumed  that 
the  conclusions  stated  are  to  be  received  as  having  in  any  proper  sense 
the  force  of  law,  except  when  based  upon  decisions  of  courts  or  opin- 
ions from  the  attorney-general,  which  is  oftener  the  case  than  can  well  be 
mentioned  in  connection  with  each  note. 

Reference  is  frequently  made  to  decisions  by.  our  supreme  court.  The 
Iowa  reports  may  be  consulted  at  the  court  house  in  each  county  seat. 
A  mention  of  School  Law  Decisions  means  the  decisions  in  appeal  cases, 
of  which  one  copy  is  supplied  to  the  secretary  of  every  board,  in  order 
that  each  district  may  have  the  use  of  a  copy  at  all  times. 

To  prevent  confusion  and  to  promote  uniformity  it  is  advisable  that 
all  former  laws  be  laid  aside,  and  that  this  edition  of  1892  be  the  only 

82738 


4  PREFACE. 

one  referred  to,  as  it  contains  the  law  by  which  all  school  officers  should 
now  be  governed. 

We  believe  a  careful  study  of  this  volume,  so  as  to  become  more  and 
more  familiar  with  its  contents,  will  prove  a  great  advantage  to  any  one 
whose  duty  it  is  to  assist  in  carrying  into  effect  the  provisions  of  the 
school  law. 

It  is  but  simple  justice  to  state  that  the  work  of  arranging  and  revising 
the  notes,  and  editing  both  the  laws  and  the  decisions,  has  been  almost 
wholly  the  personal  duty  of  Mr.  Ira  C.  Kling.  His  experience  of  more  than 
nine  years  in  all  as  deputy  in  this  office,  peculiarly  fits  him  for  this  duty, 
and  his  well-known  painstaking  care  is  the  best  guarantee  we  can  offer 
that  the  work  has  been  thoroughly  and  conscientiously  done.  In  the 
proof  reading  he  has  had  the  loyal^and  careful  assistance  of  Miss  Kate 
M.  Jones,  clerk  in  the  office. 

J.  B.  KNOEPFLER, 
Superintendent  of  Public  Instruction. 

Des  Moines,  Iowa,  July  1,  1892. 


SCHOOL  LAWS  OF  IOWA. 


FROM  THE  CODE  AS  AMENDED  BY  THE  FIFTEENTH,  SIXTEENTH, 
SEVENTEENTH,  EIGHTEENTH,  NINETEENTH,  TWENTIETH,  TWENTY- 
FIRST,  TWENTY-SECOND,  TWENTY-THIRD  AND  TWENTY-FOURTH 
GENERAL  ASSEMBLIES. 

SUPERINTENDENT    OF   PUBLIC   INSTRUCTION. 

SECTION  1577.  The  superintendent  of  public  instruction  shall  be 
charged  with  the  general  supervision  of  all  the  county  superintendents 
and  all  the  common  schools  of  the  state.  He  may  meet  county  superin- 
tendents in  convention  at  such  points  in  the  state  as  he  may  deem  most 
.suitable  for  the  purpose,  aiid  by  explanation  and  discussion  endeavor  to 
secure  a  more  uniform  and  efficient  administration  of  the  school  laws. 
He  shall  attend  teachers'  institutes  in  the  several  counties  of  the  state  as 
far  as  may  be  consistent  with  the  discharge  of  other  duties  imposed  by 
law,  and  assist  by  lecture  or  otherwise  in  their  instruction  and  manage- 
ment. He  shall  render  a  written  opinion  to  any  school  officer  asking  it, 
touching  the  exposition  or  administration  of  any  school  law,  and  shall 
determine  all  cases  appealed  from  the  decision  of  county  superintendents. 

SEC.  1578.  An  office  shall  be  provided  for  him  at  the  seat  of  govern- 
ment, in  which  he  shall  file  all  papers,  reports,  and  public  documents 
transmitted  to  him  by  the  county  superintendents,  each  year  separately, 
and  hold  the  same  in  readiness  to  be  exhibited  to  the  governor,  or  to  a 
committee  of  either  house  of  the  general  assembly,  at  any  time  when 
required;  and  he  shall  keep  a  fair  record  of  all  matters  pertaining  to  his 
office. 

SEC.  1579.  (As  amended  by  Chap.  150,  Laws  of  1880,  and  Chap.  59, 
Laws  of  1888.)  After  the  adjournment  of  the  eighteenth  general  assem- 
bly, and  every  four  years  thereafter,  if  deemed  necessary,  he  may  cause 

SECTION  1577.  This  department  is  glad  to  assist  in  every  way,  in  securing  a 
more  uniform  and  satisfactory  administration  of  school  affairs.  The  established 
-custom  of  answering  all  proper  inquiries,  whether  from  school  officers  or  others, 
touching  the  construction  and  application  of  the  school  laws,  will  be  continued. 

SEC.  1578.  All  valuable  correspondence  is  tiled  for  preservation,  letterpress 
•copies  of  our  answers  being  taken  for  that  purpose.  It  is  obvious  that  a  request 
to  return  the  letter  of  inquiry  with  our  reply,  can  not  be  complied  with. 


6  SCHOOL  LAWS  OF   IOWA. 

to  be  printed  and  bound  in  cloth  the  school  laws  and  all  amendments 
thereto,  with  such  notes,  rulings,  forms  and  decisions  as  may  seem  of 
value  to  aid  school  officers  in  the  proper  discharge  of  their  duties. 
Appropriate  reference  shall  be  made  to  the  previous  law  that  has  been 
amended  or  changed,  so  as  clearly  to  indicate  the  effect  of  such  amend- 
ments or  changes.  He  shall  send  to  each  county  superintendent  a  num- 
ber of  copies  sufficient  to  supply  each  school  district  in  his  county  with 
one  copy  of  such  school  laws,  with  decisions.  He  shall  also  cause  to  be 
printed  and  bound  in  paper  covers  the  school  laws,  with  notes  and  with 
forms  necessary  to  be  used  in  carrying  out  the  school  laws;  provided, 
that  he  shall  furnish  each  of  the  members  of  the  boards  of  directors  with 
one  copy  of  the  laws  bound  in  paper  covers,  which  shall  be  turned  over 
to  their  successors  in  office.  After  such  sessions  of  the  general  assembly 
as  the  state  superintendent  shall  not  deem  it  necessary  to  publish  the 
laws  as  provided  for  in  this  section,  he  shall  cause  to  be  published  in 
pamphlet  form  all  the  amendments  to  the  school  laws  passed  by  such 
general  assembly,  in  sufficient  numbers  to  supply  each  of  the  county 
superintendents  and  school  officers  of  the  state  with  one  copy  free  of 
charge,  which  said  amendments  shall  be  sent  to  the  several  county 
superintendents  for  distribution. 

SEC.  1580.     (Repealed  by  Chap.  102,  Laws  of  1878.) 

SEC.  1581.  He  may,  if  he  deem  it  expedient,  subscribe  for  a  sufficient 
number  of  copies  of  the  Iowa  School  Journal,  or  of  such  other  educa- 
tional journal  published  in  the  state  as  he  may  select,  to  furnish  each 
county  superintendent  with  one  copy,  and  his  certificate  of  having  thus 
subscribed  shall  be  authority  for  the  auditor  of  state  to  issue  his  warrant 
for  the  amount  of  said  subscriptions;  provided  he  shall  cause  to  be  inserted 
in  the  journal  he  may  so  select,  a  correct  copy  of  any  decision  he  may 
deem  it  necessary  to  make  for  the  efficient  carrying  out  of  the  school 
law. 

SEC.  1582.  He  shall  annually,  on  the  first  day  of  January,  report  to 
the  auditor  of  state  the  number  of  persons  in  each  county  between  the 
ages  of  five  and  twenty-one  years. 

SEC.  1583.  (As  amended  by  Chap.  82,  Laws  of  1888.)  He  shall 
make  to  the  governor  a  report  which  shall  embrace,  first,  a  statement 
of  the  condition  of  the  common  schools  of  the  state;  the  number  of 
district  townships  and  subdistricts  therein;  the  number  of  teachers; 
the  number  of  schools;  the  number  of  school-houses,  and  the  value 
thereof;  the  number  of  persons  between  five  and  twenty-one  years  of 
asje;  the  number  of  scholars  in  each  county  that  have  attended  school 
the  previous  year,  as  returned  by  the  several  county  superintendents; 
the  number  of  books  in  the  district  libraries;  and  the  value  of  all  appa- 
ratus in  the  schools,  and  such  other  statistical  information  as  he  may 


SCHOOL  LAWS  OF  IOWA.  7 

deem  important.  Second,  such  plans  as  he  may  have  matured  for  the 
more  perfect  organization  and  efficiency  of  common  schools.  He  shall 
cause  one  thousand  copies  of  his  report  to  be  printed,  and  shall  present 
it  to  the  general  assembly  on  the  second  day  of  its  session. 

SEC.  1584:.  Whenever  reasonable  assurance  shall  be  given  by  the 
county  superintendent  of  any  county  to  the  superintendent  of  public 
instruction,  that  not  less  than  twenty  teachers  desire  to  assemble  for  the 
purpose  of  holding  a  teachers'  institute  in  said  county,  to  remain  in 
session  not  less  than  six  working  days,  he  shall  appoint  the  time  and 
place  of  said  meeting  and  give  due  notice  thereof  to  the  county  superin- 
tendent; and  for  the  purpose  of  defraying  the  expenses  of  said  institute, 
there  is  hereby  appropriated,  out  of  any  moneys  in  the  state  treasury 
not  otherwise  appropriated,  a  sum  not  exceeding  fifty  dollars  annually 
for  one  such  institute  in  each  county  held  as  aforesaid,  which  the  said 
superintendent  shall  immediately  transmit  to  the  county  superintendent 
in  whose  county  the  institute  shall  be  held,  who  shall  therewith  defray 
the  necessary  expenses  of  the  institute,  and,  if  any  balance  remains,  he 
shall  pay  the  same  into  the  county  treasury,  and  the  same  shall  be  cred- 
ited to  the  teachers'  fund. 

CHAPTER  129,  LAWS  OF  1876. 
(As  amended  by  Chap.  14:2,  Laws  of  1878,  and  Chap.  04:,  Laws  of  1888.) 

STATE    NORMAL    AND    TRAINING    SCHOOL. 

SECTION  1.  A  school  for  the  special  instruction  and  training  of 
teachers  for  the  common  schools  of  this  state  is  hereby  established  at 
Cedar  Falls,  in  Black  Hawk  county. 

SEC.  2.  The  school  shall  be  under  the  management  and  control  of  a 
board  of  directors  consisting  of  six  members,  no  two  of  whom  shall  be 
from  the  same  county,  and  the  superintendent  of  public  instruction  shall 
be  ex-officio  a  member  of  said  board  and  president  thereof.  The  board 
of  directors  shall  be  elected  by  the  general  assembly,  two  for  two  years, 
two  for  four  years,  and  two  for  six  years,  and  the  general  assembly  shall 
elect  two  members  of  said  board  every  two  years,  for  the  full  term  of 
six  years  as  the  terms  of  office  of  the  respective  classes  expire.  Their 
term  of  office  shall  commence  on  the  first  day  of  June  following  their 
election.  No  member  of  the  board  shall  be  a  teacher  in  the  school,  or 
receive  other  compensation  for  his  services,  than  a  reimbursement  of  his 
actual  expenses,  to  be  certified  to  by  him  and  paid  out  of  the  state  treas- 
ury. Any  vacancy  occurring  in  the  board  shall  be  filled  by  the  appoint- 
ment of  the  governor. 

SEC.  3.  The  board  shall  convene,  at  the  call  of  the  superintendent  of 
public  instruction,  on  or  before  June  15, 1876,  and  having  each  qualified, 

CHAPTER  129.  Complete  information  maybe  secured  by  addressing  the  presi- 
dent of  the  school,  at  Cedar  Falls. 


8  SCHOOL  LAWS  OF  IOWA, 

according  to  law,  shall  organize  by  the  election  of  a  vice-president  from 
their  number,  and  a  secretary  and  a  treasurer,  who  shall  be  persons  not 
members  of  the  board.  The  secretary  shall  receive  such  compensation 
as  may  be  fixed  by  the  board  not  to  exceed  the  sum  of  one  hundred  dol- 
lars and  actual  traveling  expenses.  The  treasurer  shall  receive  no  com- 
pensation but  shall  receive  reimbursement  of  actual  expenditures. 

SEC.  4.  The  board  shall  require  a  bond,  in  the  sum  of  twenty  thousand 
dollars,  of  the  treasurer  with  proper  and  sufficient  sureties,  conditional  for 
the  safe-keeping  of  funds  coming  into  his  hands.  He  shall  receive  and 
disburse  all  moneys  hereby  appropriated,  and  any  other  funds  as  the 
board  may  provide.  The  board  may  require  of  any  officer  or  employe, 
who  may  be  authorized  to  receive  or  pay  out  money,  a  like  bond. 

SEC.  5.  It  shall  be  the  duty  of  the  board,  in  every  necessary  manner 
with  the  means  at  their  disposal,  to  provide  for  and  carry  out  the  object 
for  which  the  school  is  established.  For  that  purpose  they  shall  employ 
competent  and  suitable  teachers  and  other  employes.  They  shall  direct, 
use,  and  control  all  the  property  of  the  state  coming  into  their  hands  for 
that  purpose.  They  shall  control  and  direct  the  expenditures  of  all 
moneys.  They  shall  make  all  necessary  rules  for  the  management  of 
the  school  and  the  government  thereof,  and  shall  provide  for  the  admis- 
sion of  pupils  from  the  several  counties  of  the  state  in  proportion  to 
their  respective  population,  and  upon  the  appointment  of  respective 
boards  of  supervisors,  or  as  the  board  may  direct.  They  shall  establish 
and  publish  uniform  rules  for  the  admission  of  pupils  thereto,  and  such 
rules  shall  provide  for  equal  rights  in  said  school,  to  all  the  teachers  in  the 
state,  but  they  shall  require  in  all  cases  satisfactory  evidence  of  the  good 
character  of  the  pupil.  They  shall  also  further  require  all  pupils  upon 
their  admission  to  the  school,  to  sign  a  statement  of  their  intention  in 
good  faith  to  follow  the  business  of  teaching  in  the  schools  of  the  state. 
It  shall  also  be  the  duty  of  the  board  to  make  all  possible  and  necessary 
arrangements  with  the  means  at  their  disposal,  for  the  boarding  and 
lodging  of  pupils,  but  the  pupils  shall  pay  the  cost  of  the  same.  They 
shall  require  each  pupil  to  pay  a  fee  for  contingent  expenses  amounting 
to  not  more  than  one  dollar  per  month.  The  school  shall  be  open  during 
such  part  of  the  year  as  the  board  shall  determine  but  the  session  shall 
continue  at  least  twenty-six  weeks.  The  board  of  directors  may  in  their 
discretion  charge  the  pupils  with  a  tuition  fee  not  exceeding  six  dollars 
per  term,  if  such  charge  shall  be  necessary  in  order  to  the  proper  sup- 
port of  the  school,  as  provided  by  law. 

*  *  *  *  *  *  *  * 

SEC.  9.  The  said  board  shall  make,  at  the  end  of  each  school  year, 
to  the  governor  a  detailed  report  of  their  proceedings  during  the  year. 
Their  report  shall  also  contain  the  number  of  teachers  employed  in  the 


SCHOOL  LAWS  OF  IOWA.  9 

••school,  with  the  compensation  of  each;  the  number  of  pupils,  classified; 
the  amount  of  receipts  and  expenditures,  and  the  items  thereof,  with 
such  other  information  and  recommendations  as  they  may  deem  expe- 
dient, which  report  shall  be  embodied  in  the  superintendent's  report  to 
the  general  assembly. 

STATE    UNIVERSITY. 

SECTION  1585.  The  objects  of  the  state  university,  established  by  the 
constitution,  at  Iowa  City,  shall  be  to  provide  the  best  and  most  efficient 
means  of  imparting  to  young  men  and  women  on  equal  terms,  a  liberal 
education  and  thorough  knowledge  of  the  different  branches  of  literature, 
the  arts  and  sciences,  with  their  varied  applications.  The  university,  so 
far  as  practicable,  shall  begin  the  courses  of  study  in  its  collegiate  and 
and  scientific  departments,  at  the  points  where  the  same  are  completed 
in  high  schools;  and  no  student  shall  be  admitted  who  has  not  previously 
completed  the  elementary  studies,  in  such  branches  as  are  taught  in  the 
common  schools  throughout  the  state. 

SEC.  1586.  The  university  shall  never  be  under  the  exclusive  control  of 
any  religious  denomination  whatever. 

SEC.  1587.  (As  amended  by  Chap.  147,  Laws  of  1876,  and  Chap.  181, 
Laws  of  1886.)  The  university  shall  be  governed  by  a  board  of  regents, 
consisting  of  the  governor  of  the  state,  who  shall  be  president  of  the 
board  by  virtue  of  his  office,  the  superintendent  of  public  instruction,  who 
shall  be  a  member  by  virtue  of  his  office,  together  with  one  person  from 
•each  congressional  district  of  the  state,  who  shall  be  elected  by  the  general 
assembly. 

#  *  *  *  #  *  *  * 

SEC.  1589.  The  university  shall  include  a  collegiate,  scientific,  normal, 
law,  and  such  other  departments,  with  such  courses  of  instruction  and 
elective  studies  as  the  board  of  regents  may  determine;  and  the  board 
shall  have  authority  to  confer  such  degrees,  and  grant  such  diplomas  and 
other  marks  of  distinction  as  are  usually  conferred  and  granted  by  other 
universities. 

##*##-x-** 

SEC.  1596.  The  board  of  regents  shall  enact  laws  for  the  government 
of  the  university,  and  shall  appoint  a  president  and  the  requisite  number 
of  professors  and  tutors,  together  with  such  other  officers  as  they  may 
deem  expedient,  and  shall  determine  the  salaries  of  such  officers,  the 
compensation  of  the  secretary  and  treasurer,  and  the  amount  of  fees  to 
be  paid  for  tuition.  They  shall  remove  any  officer  connected  with  the 
university,  when,  in  their  judgment,  the  good  of  the  institution  re- 
quires it. 


10  SCHOOL  LAWS  OF  IOWA. 

SEC.  1597.  The  board  of  regents  is  authorized  to  expend  such  portion 
of  the  income  of  the  university  fund  as  it  may  deem  expedient,  in  the 
purchase  of  apparatus,  library,  and  a  cabinet  of  natural  history,  in  pro- 
viding suitable  means  to  keep  and  preserve  the  same,  and  in  procuring 
all  other  necessary  facilities  for  giving  instruction. 

SEC.  1598.  All  specimens  of  natural  history  and  geological  and  min- 
eralogical  specimens,  which  are  or  hereafter  may  be  collected  by  the 
state  geologist  of  Iowa,  or  by  any  others  appointed  by  the  state  to  inves- 
tigate its  natural  history  and  physical  resources,  shall  belong  to  and  be 
the  property  of  the  state  university,  and  shall  form  a  part  of  its  cabinet 
of  natural  history,  which  shall  be  under  the  charge  of  the  professor  of 

that  department. 

******** 

SEC.  1600.  The  president  of  the  university  shall  make  a  report  on  the 
fifteenth  day  of  September  preceding  the  meeting  of  the  general  assem- 
bly, to  the  board  of  regents,  which  shall  exhibit  the  condition  and  prog- 
ress of  the  institution  in  its  several  departments,  the  different  courses 
of  study  pursued  therein,  the  branches  taught,  the  means  and  methods  of 
instruction  adopted,  the  number  of  students,  with  their  names,  classes, 
and  residences,  and  such  other  matters  as  he  may  deem  proper  to  com- 
municate. 

SEC.  1601.  (As  amended  by  Chap.  82,  Laws  of  1888.)  The  board  of 
regents  shall,  on  the  first  day  of  October  preceding  each  regular  meet- 
ing of  the  general  assembly,  make  a  report  to  the  superintendent  of 
public  instruction,  which  report,  with  that  of  the  president  of  the 
university,  shall  be  embodied  in  the  said  superintendent's  report  to  the 
governor.  The  report  of  the  board  of  regents  shall  contain  the  number 
of  professors,  tutors,  and  other  officers,  with  the  compensation  of  each, 
the  condition  of  the  university  fund,  and  the  income  received  therefrom, 
the  amount  of  expenditures,  and  the  items  thereof,  with  such  other 
information  and  recommendations  as  they  may  deem  expedient  to  lay 
before  the  general  assembly. 

STATE    AGRICULTURAL    COLLEGE    AND    FARM. 

SECTION  1604.  (As  amended  by  Chap.  76,  Laws  of  1884.)  The  lands, 
rights,  powers,  and  privileges  granted  to  and  conferred  upon  the  state  of 
Iowa  by  the  act  of  congress  entititled,  "An  act  donating  public  lands  to 
the  several  states  and  territories  which  may  provide  colleges  for  the  ben- 
efit of  agriculture  and  the  mechanic  arts,"  approved  July  2,  1862,  are 
hereby  accepted  by  the  state  of  Iowa,  upon  the  terms,  conditions  and 
restrictions  contained  in  said  act,  and  there  is  hereby  established  an  agri- 
cultural college  and  model  farm,  to  be  connected  with  the  entire  agricul- 

SEC.  1600.  Full  information  can  be  secured  by  addressing  the  president,  at 
Iowa  City,  mentioning  the  particular  department  regarding  which  information  is 
desired. 


SCHOOL  LAWS  OF  IOWA.  H 

tural  and  mechanical  interests  of  the  state;  the  said  college  and  farm  to- 
be  under  the  control  and  management  of  a  board  of  trustees,  consisting 
of  one  person  from  each  congressional  district  of  the  state.  But  the 
present  board  of  trustees  shall  continue  as  members  of  the  board  of  trus- 
tees from  their  several  congressional  districts  until  their  terms  of  office 
expire. 


* 


SEC.  1606.  The  board  of  trustees  shall  have  power:  1.  To  elect  a. 
chairman  from  their  own  number,  a  president  of  the  college  and  farm,  a 
secretary,  a  treasurer,  professors  and  other  teachers,  superintendents  of 
departments,  a  steward,  a  librarian,  and  such  other  officers  as  may  be 
required  for  the  transaction  of  the  business  of  the  board;  also  to  fix  the 
salaries  of  officers  and  prescribe  their  duties;  and  to  appoint  substitutes 
who  shall  discharge  the  duties  of  such  officers  during  their  temporar}- 
absence; 

2.  To  manage  and  control  all  the  property  of  the  college  and  farm,, 
whether  real  or  personal; 

3.  To  make  rules  and  regulations  for  the  government  of  the  college- 
and  farm; 

4.  (As  amended  by  Chap.  119,  Laws  of  1876.)    To  establish  rules 
regulating  the  number  of  hours  which  shall  be  devoted  to  manual  labor, 
and  to  fix  the  compensation  therefor;  provided  no  student  shall  be  exempt 
from  labor  except  in   cases   of   sickness  or  other  infirmity,  or  where 
students  from  the  advanced  classes  may  be  employed  as  teachers; 

5.  To  arrange  courses  of  study  and  practice,  and  to  establish  such 
professorships  as  they  may  deem  best  to  carry  into  effect  the  provisions 
of  this  chapter;  also  to  prescribe  conditions  of  admission  to  the  college:. 

6.  To  grant  diplomas,  on  the  recommendation  of  the  faculty,  to  any 
student  who  lias  completed  either  of  the  industrial  courses  prescribed  by 
said  board,  or  an  equivalent  thereof; 

7.  To  remove  any  officer  by  a  majority  vote  of  all  the  members  of  the- 
board  of  trustees; 

8.  To  direct  the  expenditure  of  all  appropriations  which  the  general 
assembly  shall  from  time  to  time  make  to  said  college  and  farm,  and  the 
income  arising  from  the  congressional  grant,  and  from  all  other  sources; 

9.  To  keep  a  full  and  complete  record  of  their  proceedings,  and  to  do 
such  other  acts  as  are  found  necessary  to  carry  out  the  intent  and  mean- 
ing of  this  chapter. 

*^c#^:***** 

SEC.  1610.  (As  amended  by  Chap.  159,  Laws  of  1876.)  The  college 
year  shall  begin  on  Thursday  after  the  second  Wednesday  in  November 
of  each  year,  and  end  on  the  second  Wednesday  of  November  of  the 
following  year.  The  biennial  report  of  the  board  of  trustees  shall  be 
filed  in  the  office  of  the  governor,  not  later  than  the  first  day  of  Decem- 
ber preceding  the  regular  meeting  of  the  general  assembly. 


32  SCHOOL  LAWS  OF  IOWA. 

SEC.  1611.  The  president  of  the  college  and  farm  shall  control,  man- 
age and  direct  the  affairs  of  the  college  and  farm  herein  established,  sub- 
ject to  such  rules  as  may  be  prescribed  by  the  board  of  trustees,  and 
shall  report  to  said  board  at  their  annual  meeting  in  November,  and  at 
such  other  times  as  they  shall  direct,  all  his  acts  as  such  president,  and 
the  condition  of  the  several  departments  of  the  college  and  farm,  together 

with  his  recommendations  for  the  future  management  thereof. 

***#***** 

SEC.  1619.  Tuition  in  the  college  herein  established  shall  be  forever 
iree  to  pupils  from  this  state  over  sixteen  years  of  age,  who  have  been 
residents  of  the  state  six  months  previous  to  their  admission.  Each 
county  in  this  state  shall  have  a  prior  right  to  tuition  for  three  scholars 
from  such  county,  the  remainder  equal  to  the  capacity  of  the  college 
shall  be  by  the  trustees  distributed  among  the  counties  in  proportion  to 
the  population,  subject  to  the  above  rule.  Transient  scholars  otherwise 
-qualified  may  at  all  times  receive  tuition. 

SEC.  1620.  No  person  shall  open,  maintain  or  conduct  any  shop  or 
other  place  for  the  sale  of  wine,  beer  or  spirituous  liquors,  or  sell  the 
same  at  any  place  within  a  distance  of  three  miles  from  the  agricultural 
•college  and  farm;  provided  that  the  same  may  be  sold  for  sacramental, 
mechanical,  medical  or  culinary  purposes;  and  any  person  violating  the 
provisions  of  this  section  shall  be  punished,  on  conviction  by  any  court 
of  competent  jurisdiction,  by  a  fine  not  exceeding  fifty  dollars  for  each 
•offense,  or  by  imprisonment  in  the  county  jail  for  a  term  not  exceeding 
thirty  days,  or  by  both  such  fine  and  imprisonment. 

SEC.  1621.  (As  amended  by  Chapter  27,  Laws  of  1884.)  There  shall 
be  adopted  and  taught  at  the  state  agricultural  college  a  broad,  liberal 
and  practical  course  of  study  in  which  the  leading  branches  of  learning 
shall  relate  to  agriculture  and  the  mechanic  arts,  and  which  shall  also 
-embrace  such  other  branches  of  learning  as  will  most  practically  and 
liberally  educate  the  agricultural  and  industrial  classes  in  the  several  pur- 
suits and  professions  of  life,  including  military  tactics. 

COUNTY   HIGH    SCHOOLS. 

SECTION  1697.  Each  county  having  a  population  of  two  thousand 
inhabitants  or  over,  as  shown  by  the  last  state  or  federal  census,  may 
establish  a  high  school  on  the  conditions  and  in  the  manner  hereinafter 
prescribed,  for  the  purpose  of  affording  better  educational  facilities  for 
pupils  more  advanced  than  those  attending  district  schools,  and  for  per- 
sons desiring  to  fit  themselves  for  the  vocation  of  teaching. 

SEC.  1698.  When  one-third  of  the  electors  of  a  county,  as  shown  by 
-the  returns  of  the  last  preceding  election,  shall  petition  the  board  of 
supervisors  requesting  that  a  county  high  school  be  established  in  their 

SEC.  1621 .    For  catalogue  and  other  information,  address  the  president,  at  Ames. 


SCHOOL  LAWS  OF  IOWA.  13 

county  at  the  place  ID  said  petition  named,  then,  or  when  said  board  in 
its  discretion  shall  deem  proper,  said  board  shall  give  twenty  days"' 
notice  previous  to  the  next  general  election,  or  previous  to  a  special  elec- 
tion duly  called  for  that  purpose,  that  they  will  submit  the*  question  to- 
the  electors  of  said  county  whether  such  high  school  shall  be  established;: 
at  which  election  said  electors  shall  vote  by  ballot,  for  or  against  estab- 
lishing such  county  high  school.  The  notice  contemplated  in  this  section* 
shall  be  given  through  one  or  more  newspapers  published  in  said  county, 
if  any  be  published  therein,  and  by  at  least  one  written  or  printed  notice 
to  be  posted  in  each  township. 

SEC-  1699.  After  said  election,  the  ballots  on  said  question  shall  be 
canvassed  in  the  same  manner  as  in  the  election  for  county  officers;  and 
if  a  majority  of  all  the  votes  cast  on  said  question  shall  be  in  favor  of 
establishing  said  school,  the  board  of  supervisors  shall  immediately  pro- 
ceed to  appoint  six  persons,  who  shall  be  residents  of  the  county,  but  not 
more  than  two  of  whom  shall  be  residents  of  the  same  township,  who 
shall,  with  the  county  superintendent  of  common  schools,  constitute  a 
board  of  trustees  for  said  high  school.  Each  of  said  trustees  appointed 
as  aforesaid  shall  hold  his  office  until  his  successor  is  elected  and  quali- 
fied, and  shall  be  required,  within  ten  days  after  appointment,  to  qualify 
by  taking  the  oath  of  office,  and  giving  such  bond  as  may  be  required  by 
the  said  board  of  supervisors  for  the  faithful  discharge  of  his  duties. 

SEC.  1700.  At  the  next  general  election  after  said  appointment,  there 
shall  be  elected  in  said  county  six  high  school  trustees,  who  shall  be 
divided  into  three  classes  of  two  each;  each  class  to  hold  their  office  one, 
two,  and  three  years,  respectively,  and  their  respective  terms  to  be 
decided  by  lot.  And  each  year  thereafter  there  shall  be  two  such 
trustees  elected  to  succeed  those  whose  term  is  about  to  expire.  And 
said  trustees  shall  qualify  and  enter  upon  the  duties  of  their  office 
in  the  same  manner  and  at  the  same  time  as  other  county  officers. 

SEC.  1701.  The  county  superintendent  shall,  by  virtue  of  his  office, 
be  president  of  said  board  of  trustees,  and  at  the  first  meeting  in  each 
year  they  shall  appoint  from  their  own  number  a  secretary  and  treasurer, 
who  shall  perform  the  usual  duties  devolving  upon  such  officers  for  the 
term  of  one  year,  or  until  their  successors  are  appointed  to  take  their 
places. 

SEC.  1702.     At  said  meeting,  or  at  some  succeeding  meeting  called 

O'  **  ^ 

for  such  purpose,  said  trustees  shall  make  an  estimate  of  the  amount  of 
funds  needed  for  building  purposes,  for  payment  of  teachers'  wages,  and 
for  contingent  expenses,  and  they  shall  present  to  the  board  of  supervis- 
ors a  certified  estimate  of  the  rate  of  tax  required  to  raise  the  amount 
desired  for  such  purposes.  But  in  no  case  shall  the  tax  for  such  purposes- 
exceed  in  one  year  the  amount  of  five  mills  on  the  dollar  on  the  taxable 


14  SCHOOL  LAWS  Ol   IOWA. 

•property  of  the  county,  and,  when  the  tax  is  levied  for  the  payment  of 
teachers'  wages  and  contingent  expenses  only,  shall  not  exceed  two  mills 
•on  the  dollar. 

SEC.  1703.     The  said  tax  shall  be  levied  and  collected  in  the  same 

manner  as  other  county  taxes,  and  when  collected  the  county  treasurer 

shall  pay  the  same  to  the  treasurer  of  the  county  high  school,  in  the  same 

manner  that  school  funds  are  paid  to  the  district  treasurers  as  required 

'by  law. 

SEC.  1704.  The  said  treasurer  of  the  high  school  shall  give  such 
additional  bond  as  the  board  of  trustees  may  deem  sufficient,  and  receive 
all  moneys  from  the  county  treasurer,  and  from  other  parties,  that  belong 
to  the  funds  of  said  school,  and  pay  the  same  out  only  by  direction  of 
the  board  of  trustees,  upon  orders  duly  executed  by  the  president,  coun- 
tersigned by  the  secretary  thereof,  stating  the  purpose  for  which  they 
were  drawn.  Both  the  secretary  and  treasurer  shall  keep  an  accurate 
-account  of  all  moneys  received  and  expended  for  said  school;  and  at  the 
close  of  each  year,  and  as  much  oftener  as  required  by  the  board,  they 
shall  make  a  full  statement  of  the  financial  affairs  of  the  school. 

SEC.  1705.  The  said  board  of  trustees  shall  proceed  as  soon  as  prac- 
ticable after  their  appointment  as  aforesaid,  to  select  the  best  site,  in 
-accordance  with,  the  vote  of  the  county,  that  can  be  obtained  without 
^expense  to  the  same,  and  the  title  thereof  shall  be  vested  in  said  county. 
They  shall  then  proceed  to  make  such  purchases  of  material,  and  to  let 
such  contracts  for  their  necessary  school  buildings,  as  they  may  deem 
proper,  but  shall  not  make  any  purchase  or  contract  in  any  year  to  exceed 
the  amount  on  hand,  and  to  be  raised  by  the  levy  of  tax  that  year. 

SEC.  1706.  When  said  board  of  trustees  shall  have  furnished  a  suit- 
-able  building  for  the  school,  they  shall  employ  some  competent  teacher 
to  take  charge  of  the  same,  and  furnish  such  assistant  teachers  as  they 
<leem  necessary,  and  provide  for  the  payment  of  their  salaries.  As  far 
»as  practicable  model  schools  shall  be  encouraged;  and  advanced  students, 
and  those  preparing  to  become  teachers,  may  be  employed  a  portion  of 
their  time  in  teaching  the  younger  pupils,  in  order  that  they  may  become 
familiar  with  the  practice  as  well  as  theory  of  successful  school  teaching, 
and  also  avoid,  as  far  as  practicable,  the  expense  of  employing  other 
assistant  teachers. 

SEC.  1707.  Tuition  shall  be  free  to  all  pupils  of  such  school  residing 
in  the  county  where  the  same  is  located.  The  board  of  trustees,  however, 
shall  make  such  general  rules  and  regulations  as  they  deem  proper  in 
regard  to  age  and  grade  of  attainments  essential  to  entitle  pupils  to 
admission  in  the  school.  If  there  should  be  more  applicants  than  can  be 
.accommodated  at  any  time,  each  district  shall  be  entitled  to  send  its  equal 
proportion  of  pupils,  according  to  the  number  of  pupils  it  may  have,  as 


SCHOOL  LAWS  OF  IOWA.  15 

shown  by  the  last  report  to  the  county  superintendent  of  common  schools. 
And  the  boards  of  the  respective  school  districts  shall  designate  such 
pupils  as  may  attend. 

SEC.  1708.  If,  at  any  time,  the  school  can  accommodate  more  pupils 
than  apply  for  admission  from  that  county,  the  vacancies  ma^-be- filled 
by  applicants  from  other  countleSj  upon  the  payment  of  such  tuition  as 
the  board  of  trustees  may  prescribe;  but  at  no  time  shall  such  pupils 
continue  in  said  school  to  the  exclusion  of  pupils  belonging  in  the  county 
in  which  such  high  school  is  situated. 

SEC.  1709.  The  principal  of  any  such  high  school,  with  the  approval 
of  the  board  of  trustees,  shall  make  such  rules  and  regulations  as  he 
deems  proper  in  regard  to  the  studies,  conduct  and  government  of  the 
pupils  under  his  charge,  and  if  any  such  pupils  will  not  conform  to  and 
obey  the  rules  of  the  school  they  may  be  suspended  or  expelled  there- 
from by  the  board  of  trustees. 

SEC.  1710.  The  said  board  of  trustees  shall  annually  make  a  report 
to  the  board  of  supervisors  of  their  county,  which  shall  specify  the  num- 
ber of  students,  both  male  and  female,  who  have  been  in  attendance  at 
the  county  high  school  during  the  year,  the  branches  of  learning  taught, 
the  text-books  used,  the  number  of  teachers  employed,  the  amount  of 
salary  paid  to  them,  the  amount  expended  for  library  and  apparatus, 
and  for  buildings  and  all  other  expenses;  also,  the  amount  of  funds  on 
hand,  debts  unpaid,  and  other  information  deemed  important  or  expedi- 
ent to  report.  Said  report  shall  be  printed  in  at  least  one  newspaper  in 
the  county,  if  any  is  published  therein,  and  a  copy  of  the  report  shall  be 
forwarded  to  the  state  superintendent  of  public  instruction. 

SEC.  1711.  The  board  of  supervisors  shall  have  power  to  fill  any 
vacancy  that  may  occur  in  the  board  of  trustees  of  that  county,  by 
.appointment,  until  the  next  general  election,  and  a  majority  of  such 
board  of  trustees  shall  be  a  quorum  for  the  transaction  of  business. 

SEC.  1712.  The  board  of  supervisors  may  allow  each  member  of  the 
board  of  trustees  the  sum  of  two  dollars  per  day  for  the  time  actually 
employed  in  the  discharge  of  his  official  duties,  and  when  such  accounts 
are  presented  for  payment  they  shall  be  audited  and  paid  out  of  the 
county  treasury,  in  the  same  manner  as  other  accounts  against  the  county, 
and  said  trustees  shall  not  be  entitled  to  any  further  remuneration  for 
services  or  expenses. 


IrJ  SCHOOL  LAWS  OF  IOWA. 

SCHOOL   DISTRICTS. 

SECTION  1713.  Each  civil  township  now  or  hereafter  organized,  and 
each  independent  school  district  organized  as  such  prior  to  the  taking 
effect  of  this  code,  is  hereby  declared  a  school  district  for  all  the  purposes 
of  this  chapter,  subject  to  the  provisions  ^hereinafter  made. 

SEC.  1714.  When  an  organized  district  has  been  left  without  officers,, 
the  township  trustees  shall  give  such  notice  for  a  special  election  of 
directors  as  is  required  in  cases  of  regular  district  elections;  and  the  per- 
sons elected  shall  continue  in  office  until  their  successors  are  duly  elected 
and  qualified. 

SEC.  1713.  The  design  of  the  law  is  that  civil  and  district  township  boundaries 
shall  coincide.  41  Iowa,  80.  When  new  civil  townships  are  formed,  the  corre- 
sponding changes  in  district  township  boundaries  take  effect  at  the  next  subdistrict 
election.  Sections  1715  and  1796. 

SEC.  1714.  1.  In  case  the  board  is  reduced  below  a  quorum,  by  resignation  or 
otherwise,  the  township  trustees  call  a  special  election  to  till  the  vacancies. 

2.  In  independent  districts  five  notices  shall  be  posted,  as  provided  in  sections 
1742  and  1801;  in  district  townships  three  notices  are  required  in  each  subdistrict, 
as  provided  in  section  1718.    Note  (b)  to  form  2. 

3.  The  ballots  in  this  election,  in  independent  districts  and  in  subdistricts  of 
less  than  three  in  a  district  township,  should  indicate  in  whose  place  the  person 
voted  for  shall  serve. 

SEC.  1715.  1.  New  district  townships  are  not  organized  until  the  first  Monday 
in  March  after  the  election  of  officers  of  the  civil  townships. 

2.  The  boundaries  of  subdistricts  lying  wholly  within  the  old  or  new  districts, 
are  not  affected  by  the  division  of  civil  townships. 

3.  When  subdistricts  are  divided  by  changes  in  civil  township  boundaries,  the 
boards  should  incorporate  the  several  parts  with  other  subdistricts,  or  otherwise 
provide  for  such  territory,  so  that  all  electors  may  vote  at  the  following  subdistrict 
election.  In  the  absence  of   such  action    the   territory   properly  belongs  to  the 
subdistrict  which  it  adjoins,  and  the  electors  are  entitled  to  vote  therein. 

4.  Five  days  before  the  time  for  the  regular  subdistrict  election,  notices  should 
be  posted  in  three  public  places  in  each  subdistrict,  in  both  the  old  and  new  town- 
ships, by  the  resident  subdirector;  where  there  is  no  subdirector,  by  the  secretary. 
Form  2,  and  notes. 

5.  Assets  include  school-houses,  sites,  and  all  other  property  and  moneys  belong- 
ing to  the  district.  Liabilities  include  all  debts  for  which  the  district  in  its  corporate 
capacity  is  liable.     In  determining  the  assets,  school  property  should  be  estimated 
at  its  present  cash  value.     Note  3  to  section  1820. 

6.  It  is  presumed  that  the  teachers'  fund  and  contingent  fund  have  been  ex- 
pended equitably.     The  division  of  assets  will  therefore  relate  to  the  school-house 
and  other  property,  moneys  in  all  funds  on  hand,  and  taxes  uncollected. 

7.  Each  fund  should  be  divided  in  proportion  to  the  last  assessed  value  of  the 
property,  real  and  personal.     Any  portion  of  the  teachers'  fund,  however,  derived 
from  the  semi-annual  apportionment,  should  be  divided  in  proportion  to  the  num- 
ber of  persons  between  the  ages  of  five  and  twenty-one  years,  according  to  the  last 
enumeration. 


SCHOOL  LAWS  OF  IOWA.  17 

SEC.  1715.  When  chancres  in  civil  township  boundaries  are  made,  or 
any  district  shall  be  divided  into  two  or  more  entire  townships  for  civil 
purposes,  the  existing  board  of  directors  shall  continue  to  act  for  both  or 
all  the  new  districts,  or  parts  of  districts,  until  the  next  regular  district 
election  thereafter,  at  which  time  the  new  district  township  shalLorganize 
by  the  election  of  directors.  The  respective  boards  of  directors  shall, 
immediately  after  such  organization,  make  an  equitable  division  of  the 
then  existing  assets  and  liabilities  between  the  old  and  new  districts;  and 
in  case  of  a  failure  to  agree,  the  matter  may  be  decided  by  arbitrators, 
chosen  by  the  parties  in  interest.  A  similar  division  shall  be  made  in 
case  of  the  formation  or  changes  of  boundaries  of  independent  districts. 

SEC.  1716.  Every  school  district  which  is  now,  or  may  hereafter  be 
organized,  is  hereby  mado  a  body  corporate  by  the  name  of  the  "dis- 
trict township,"  or  "independent  district"  (as  the  case  may  be),  of 

,  in  the  county  of , 

and  in  that  name  may  hold  property,  become  a  party  to  suits  and  con- 
tracts, and  do  other  corporate  acts. 

DISTRICT   TOWNSHIP   MEETING. 

SECTION  1717.  (As  amended  by  Chap.  51,  Laws  of  1882.)  Each  dis- 
trict township  shall  hold  an  annual  meeting  on  the  second  Monday  in 

8.  School-houses  will  usually  become  the  property  of  the  district  in  which  they 
are  situated.  If  their  value  exceeds  the  amount  justly  due  that  district,  and  there 
is  not  sufficient  school-house  fund  on  hand  to  equalize  the  division,  the  boards 
should  fix  the  amount  each  district  should  receive  or  pay. 

i).  An  equitable  arrangement  mutually  satisfactory  to  the  parties  in  interest 
will  be  in  accordance  with  the  intent  of  the  law.  Any  agreement  should  be  re- 
duced to  writing,  and  entered  in  the  records  of  each  district. 

10.  The  districts,  after  the  division,  which  do  not  receive  their  just  proportion 
of  school-house  property,  have  a  claim  against  those  that  do  obtain  more  than 
their  due  share.     The  last  named  are  indebted  to  the  first  in  the  difference.    36 
Iowa,  216. 

11.  A  simple  and  just  method  to  dispose  of  unpaid  and  delinquent  taxes,  also 
of  all  funds  in  the  hands  of  the  county  treasurer,  is  to  direct  the  payment  of  these 
funds  in  such  manner  that  taxes  derived  from  any  part  of  the  territory  shall  be 
paid  to  the  district  to  which  such  territory  will  then  belong. 

12.  If  money  is  received  which  belongs  to  another,  the  rule  is  a  general  one 
that  the  law  implies  a  promise  on  the  part  of  the  receiver  to  pay  it  over.    Based 
upon  this  promise  an  action  may  be  maintained  for  its  recovery.     11  Iowa,  506. 

SEC.  1716.  1.  lu  suits,  contracts  and  conveyances,  the  corporate  name  should 
be  strictly  observed. 

2.  At  their  annual  meeting,  the  electors  of  any  independent  district  may  vote 
by  ballot  to  change  the  name  of  the  district,  and  the  board  will  be  guided  by  this 
expression  of  the  electors. 

3.  A  subdistrict  is  not  a  corporation,  and  hence  can  neither  hold  property  nor 
perform  any  corporate  act.    Note  4  to  section  1725.     S.  L.  Decisions,  40. 

SEC.  1717.    1.    District  townships  are  authorized  to  hold  only  one  meeting  in 
each  year,  except  as  provided  by  section  171 7^. 
2 


18  SCHOOL  LAWS  OF   IOWA. 

March,  and  the  electors  of  the  district,  when  legally  assembled  at  such 
meeting,  shall  have  the  following  powers: 

1.  To  appoint  a  chairman  and  secretary  in  the  absence  of  the  regular 
officers; 

2.  To  direct  the  sale  or  other  disposition  to  be  made  of  any  school- 
house,  or  the  site  thereof,  and  of  such  other  property,  personal  and  real, 
as  may  belong  to  the  district;  to  direct  the  manner  in  which  the  proceeds 
arising  therefrom  shall  be  applied;  to  determine  what  additional  branches 
shall  be  taught  in  the  schools  of  the  district;  or  to  delegate  any  of  these 
powers  to  the  board  of  directors;  and  to  authorize  the  board  of  directors 
to  obtain  at  the  expense  of  the  district  township,  sucli  highways  as  such 
board  may  deem  necessary  for  proper  access  to  the  school-house  in  their 
districts; 

2.  The  meeting  cannot  be  adjourned  to  another  day,  and  must  be  held  at  the 
time  and  in  the  manner  directed  by  the  law.    Section  1789. 

3.  Ten  days'  previous  notice  of  this  meeting  should  be  given  by  the  district 
township  secretary,  but  as  the  law  fixes  the  day  of  the  meeting  of  the  electors' of 
the  district  township,  and  also  of  the  subdistrict,  a  failure  to  give  full  notice,  or  any 
notice  at  all,  though  a  violation  of  law,  will  not  invalidate  the  proceedings  of  the 
meeting,  if  one  is  held  at  the  usual  time  and  place.      10  Iowa,  212. 

4.  The  president  and  secretary  are  the  regular  officers  of  this  meeting,  and 
should  act  as  such  if  present.     Sections  1739  and  1741. 

5.  The  electors  have  only  such  powers  as  are  conferred  by  the  statute,  either 
expressly  or  by  reasonable  implication. 

G.  School-houses  cannot  be  sold  without  a  previous  vote  of  the  electors,  but 
their  action  in  voting  a  tax  for  the  erection  of  a  new  school-house  on  the  old  site 
gives  the  board  authority  to  remove  or  dispose  of  the  old  house. 

7.  The  electors  have  no  authority  to  instruct  the  board  to  loan  money  belong- 
ing to  the  district,  nor  to  order  money  invested  in  government  bonds. 

8.  If  the  electors  direct  that  any  additional  branches  shall  be  taught  in  one  or 
all  of  the  schools  in  the  district  township,  their  action  is  mandatory,  and  the  board 
is  bound  to  endeavor  in  good  faith  to  fulfill  the  wishes  of  the  electors. 

9.  The  electors  may  not  limit  or  restrict  the  board  to  the  adoption  of  a  course 
of  study  including  only  such  branches  as  the   electors  may  name.     Nor  may  the 
electors  direct  that  a  particular  branch,  or  certain  studies,  shall  not  be  taught.    It 
is  the  province  of  the  board  to  decide  what  branches  besides  those  in  a  teacher's 
examination  and  those  named  by  the  electors,  shall  be  included  in  the  course  of 
study  and  taught  in  the  schools  of  the  district. 

10.  All  school-house  taxes  must  be  voted  by  the  electors  of  the  district  town- 
ship, or  of  the  subdistrict,  this  power  cannot  be  delegated  to  the  board. 

11.  The  specific  sum  of  money  deemed  necessary,  and  not  a  certain  number  of 
mills  on  the  dollar,  should  be  voted,  except  when  a  district  lies  in  two  counties- 
Chap.  67,  Laws  of  1874.    The  per  centum  necessary  to  raise  this  sum  is  determined 
by  the  board  of  supervisors.     Sections  1777  and  1780. 

13.  The  electors  may  not  vote,  nor  the  board  appropriate,  money  to  purchase 
text-books  for  the  use  of  scholars  or  teachers. 

13.  Money  may  be  paid  for  the  purchase  of  a  district  library  only  when  it  has 
been  voted  for  that  purpose  by  the  electors. 


SCHOOL  LAWS  OF  IOWA.  19 

3.  To  vote  such  tax,  not  exceeding  ten  mills  on  the  dollar  in  any  one 
year,  on  the  taxable  property  of  the  district  township,  as  the  meeting 
shall  deem  sufficient  for  the  purchase  of  grounds  and  the  construction  of 
the  necessary  school-houses,  for  the  use  of  the  district,  and  for  the  pay- 
ment of  any  debts  contracted  for  the  erection  of  school-houses,  and  for 
procuring  district  libraries,    and  for  obtaining  highways  for  access  to 
school-houses; 

4.  To  instruct  the  board  of  directors  to  transfer  any  surplus  in  the 
school-house  fund,  not  appropriated,  to  either  the  contingent  or  teachers' 
fund. 

SEC.  1717£.  (Chap.  8±,  Laws  of  1880.)  When  a  school  district, 
by  tire  or  otherwise,  has  been  deprived  of  a  school  building,  and  the 
board  of  directors  of  such  district  by  use  of  the  powers  in  them  vested, 
are  unable  to  provide  for  the  continuance  of  the  school  therein;  then 
such  board  of  directors  shall  call  a  meeting  of  such  district. 

The  manner  of  calling  such  meeting,  and  the  powers  of  such  meeting, 
shall  be  as  follows: 

1.  The  board  of  directors  shall  cause  to  be  posted  in  three  public 
places  in  such  district,  at  least  ten  days  prior  to  the  designated  time  of 
holding  such  meeting,  written  notices  of  such  meeting,  in  which  shall  be 
stated  the  time  and  place  of  such  meeting,  and  the  object  or  purpose  for 
which  the  same  is  called. 

2.  The  powers  of  such  meeting  shall  be  the  same  as  is  prescribed  in 
section  1717  hereof,  except  those  powers  which  are  set  forth  in  paragraph 
2,  after  the  word  "applied  "  in  the  fourth  line  thereof,  and  in  paragraph  3, 
after  the  word  "district''  in  the  fifth  line  thereof. 

SUBDISTRICT    MEETING. 

SECTION  1718.  The  several  subdistricts  shall,  annually,  on  the  first 
Monday  in  March,  hold  a  meeting-  for  the  election  of  a  subdirector,  five 

14.  The  only  change  of  money  from  one  fund  to  another  possible  under  the  law 
is  the  transfer  of  school-house  funds  to  either  of  the  other  funds,  by  vote  of  the 
electors.    Note  7  to  section  1748  and  note  2  to  section  1785. 

15.  The  vote  of  the  electors  upon  any  of    the  questions  mentioned  in  this  sec- 
tion, may  be  taken  by  ballot,  or  viva  voce,  as  the  meeting  shall  direct.     But  pains 
should  be  taken  to  have  the  more  important  matters  presented  to  the  meeting 
when  the  attendance  is  largest.     Note  1  to  section  1807. 

16.  As  regards  many  of  the  matters  over  which  they  have  control,  the  electors 
should  act  each  year,  if  it  is  desired  to  make  their  action  continuous. 

17.  Failing  to  carry  out  instructions  from  this  meeting,  the  board  may  be  com- 
pelled by  mandamus  to  show  reason  why  the  vote  of  the  electors  has  not  been 
complied  with.     S.  L.  Decisions,  55. 

SEC.  1718.  1.  No  district  township  or  subdistrict  meeting  shall  organize  earlier 
that  9  a.  m.,  nor  adjourn  before  12  m.  Section  1789. 

2.  The  meeting  should  not  be  called  later  than  6  p.  m.  The  law  contemplates 
at  least  three  hours  for  the  election.  37  Iowa,  131.  Note  3  to  section  1789. 


20  SCHOOL  LAWS  OF  IOWA. 

days'  notice  of  which  meeting  shall  be  given  by  the  then  resident  sub- 
director,  or,  if  there  is  none,  by  the  district  secretary,  posting  a  written 
notice  in  three  public  places  therein,  and  such  notice  shall  state  the  hour 
of  meeting. 

SEC.  1719.  (As  amended  by  Chap.  7,  Laws  of  1880.)  At  the  meet- 
ing of  the  subdistrict  a  chairman  and  secretary  shall  be  appointed,  who 
shall  act  as  judges  of  the  election,  and  give  a  certificate  of  election  to  the 
subdirector  elect.  When  there  is  a  tie  vote  between  two  persons 
for  the  office  of  subdirector,  the  secretary  shall  notify  the  secretary  of 
the  district  township  board  of  such  tie  vote,  and  shall  notify  said  persons 
to  appear  at  the  regular  meeting  of  the  board  on  the  third  Monday  in 
March  to  determine  the  tie  vote  by  lot  before  one  or  more  members  of 

3.  Any  election  by  the  people  must  be  held  on  the  day  designated,  and  officers 
must  be  elected  by  a  single  ballot. 

4.  The  practice  of  taking  an  informal  ballot  for  the  purpose  of  placing  persons 
in  nomination  for  subdirector  is  not  to  be  commended.     Such  nominations  should 
be  made  outside  the  meeting,  or  at  least  before  the  meeting  is  organized. 

5.  If  subdistrict  boundaries  are  in  controversy  by  way  of  appeal,  the  election 
for  subdirectors  should  be  made  on  the  basis  of  the  status  of  the  subdistricts  on 
the  day  of  election.    Note  4  to  section  1880. 

SEC.  1719.     1.     The  chairman  and  secretary  are  not  required  to  qualify. 

2.  The  election  must  be  by  ballot.    Constitution,  article  2,  section  6. 

3.  The  chairman  is  entitled  to  his  vote  as  much  as  any  other  elector. 

4.  No  minor,  nonresident  nor  alien  can  take  part  in  a  meeting  of    electors. 
To  be  entitled  to  the  right  of  suffrage  a  person  must  be  a  male  citizen  of  the 
United  States,  twenty-one  years  of  age,  a  resident  of  the  state  six  months  next 
preceding  the  election,  and  of  the  county  sixty  days.    Constitution,  article  2, 
section  1.     69  Iowa,  368  and  75  Iowa/220. 

5.  No  person  shall  be  deemed  ineligible,  by  reason  of  sex,  to  any  school  office. 

6.  A  man  about  to  assume'auy  school  office  must  have  the  qualifications  of  ao 
elector,  at  the  time  of  his  election  or  appointment. 

7.  The  selection  of  a  subdirector  should  be  a  matter  of  great  care.     He  may 
receive  no  compensation  from -the  district,  and  should  therefore  be  a  person  whose 
interest  will  lead  him  to  be  a  frequent  visitor  of  the  school,  and  who  will  see  that 
the  school-house  is  provided  with  all  that  will  add  to  the  comfort  of  the  teacher 
and  scholars  and  promote  the  highest  welfare  of  the  school. 

8.  The  person  receiving  the  greatest  number  of  votes  is  elected,  even  though 
he  has  not  received  a  majority:of  all  the  votes  cast. 

9.  This  section  clearlyjprovides  how  a  tie  vote  shall  be  decided.     And  if  more 
than  two  persons  have  each  [an  equal  number  of  votes,  the  same  provisions  will 
apply. 

10.  The  electors  of  a  subdistrict  may,  at  their  regular  meeting  in  March,  deter- 
mine what  amount  is  required  for  the  erection  of  a  school-house  in  said  subdistrict. 
A  sum  in  the  aggregate  a  may -be  voted,  and  the  subdirector  must  certify  the  same- 
to  the  next  district  township  meeting  held  thereafter.    Section  1778.    Form  5. 

11.  If  the  electors  of  the  subdistrict  do  not  wish  to  have  a  tax  to  build  their 
house  levied  upon  themselves,  they  should  simply  prefer  a  request  for  a  sufficient 
amount  to  build  a  school-house- in  [their  subdistrict,  not  naming  any  fixed  sum. 
Note  (c)  to  form  3. 


SCHOOL  LAWS  OF  IOWA.  21 

the  board  elected,  and  the  certificate  of  election  shall  be  given  accordingly. 
Should  either  party  fail  to  appear,  or  take  part  in  the  lot,  the  secretary 
shall  draw  for  him. 

SEC.  1720.  In  all  district  townships  comprising  but  one  subdistrict 
the  board  of  directors  shall  consist  of  three  subdirectors;  andTn~all  dis- 
trict townships  comprising  but  two  subdistricts  it  shall  consist  of  one  sub- 
director  chosen  from  each  subdistrict  and  one  from  the  district  township 
at  large,  who  shall  in  both  cases  be  elected  in  the  manner  provided  by 
law  for  the  election  of  one  subdirector  from  each  subdistrict.  The  judges 
of  the  respective  subdistrict  elections  shall  canvass  the  votes  for  subdi- 
rector chosen  from  the  district  township  at  large,  and  shall  issue  a  cer- 
tificate of  election  to  the  person  elected. 

BOAED    OF    DIRECTORS. 

SECTION  1721.  (As  amended  by  Chap.  27,  Laws  of  1874.)  The  sub- 
directors  of  the  several  subdistricts  shall  constitute  a  board  of  directors 
for  the  district  township,  and  shall  enter  upon  their  duties  upon  the  day 
fixed  for  the  regular  meeting  of  the  board  in  March,  at  which  time  they 
shall  organize  by  electing  from  their  own  number  a  president,  who  shall 
simply  be  entitled  to  a  vote  as  a  member  of  the  board;  and  from  the 

SEC.  1720.  1.  The  board  of  a  district  township  can  not  consist  of  less  than 
three  members.  If  there  are  two  subdistricts,  the  subdirector  from  the  township 
at  large  should  be  voted  for  at  both  meetings,  and  to  avoid  confusion,  tickets 
should  specify;  For  subdireetor,  A.  B.;  For  subdirector  at  large,  C.  D. 

2.  The  failure  or  refusal  of  the  proper  officers  to  issue  a  certificate  to  a  person 
duly  elected,  cannot  operate  to  deprive  such  person  of  his  rights.  The  certificate 
or  commission  is  the  best,  but  not  the  only  evidence  of  an  election,  and  if  that  be 
refused  secondary  evidence  is  admissible.  McCrary  on  Elections,  section  171.  S. 
L.  Decisions,  35. 

SEC.  1721.  1.  The  right  or  title  to  hold  office  cannot  be  determined  by  an 
appeal  to  the  county  superintendent.  The  proper  remedy  for  any  person 
aggrieved  by  the  action  of  the  board  relating  thereto  is  a  petition  to  the  district 
court,  under  sections  3345-3352,  Code.  S.  L.  Decisions,  35  and  67. 

2.  There  can  be  no  doubt  that  school  officers  should   not  express  an  official 
opinion  upon  matters  entirely  outside  of  their  jurisdiction.    Upon  these  subjects 
it  is  therefore  useless  to  expect  county  superintendents,  or  this  department,  to 
give  any  other  than  general  information,  such  as  is  presumably  already  within 
the  knowledge  of  those  applying. 

3.  Directors  continue  in  office  only  during  the  term  for  which  they  were  elected, 
or  if  apppointed,  only  until  the  next  school  election.    Note  1  to  section  1808. 

4.  It  is  quite  customary  for  the  outgoing  board  to  meet  on  the  third  Monday 
in  March  and  complete  all  its  work,  and  for  the  new  board  to  organize  immedi- 
ately thereafter.     The  legality  or  propriety  of  such  action  has  never  be  questioned. 

5.  A  member  or  officer  of  the  board  must  have  the  qualifications  of  an  elector, 
if  a  male;  but  no  person  is  ineligible  to  any  school  office,  by  reason  of  sex. 

6.  A  president  whose  term  as  director  has  expired  may  take  no  further  part  in 
the  board,  even  though  a  new  president  has  not  been  chosen. 


22  SCHOOL  LAWS  OF  IOWA. 

district  township  at  large,  at  their  regular  meeting  on  the  third  Monday 
of  September  in  each  year,  a  secretary  and  a  treasurer,  unless  there  are 
at  least  five  subdirectors  in  the  district  township,  in  which  case  they  may 
be  selected  from  the  board;  and  said  secretary  and  treasurer  thus  elected 
shall  qualify  and  enter  upon  the  duties  of  their  respective  offices  within 
ten  days  following  the  date  of  their  election.  If  selected  from  the  dis- 
trict township  at  large  they  shall  have  no  vote  in  the  proceedings  of  the 
board. 

SEC.  1722.  (As  amended  by  Chap.  176,  Laws  of  18SO.)  The  board  of 
directors  shall  hold  their  regular  meetings  on  the  third  Monday  in  March 
and  September  of  each  year;  and  may  hold  such  special  meetings  as 
occasion  may  require,  at  the  call  of  the  president,  or  by  request  of  a 
majority  of  the  board ;  provided  that  the  board  of  directors  of  a  district 
township  may  hold  their  meetings  at  any  place  within  the  civil  or  dis- 
trict township  in  which  such  district  township  is  situated. 

7.  If  the  board  fails  to  elect  a  president,  a  secretary,  or  a  treasurer,  upon  the 
day  fixed  by  law  or  at  a  meeting  adjourned  from  that  day  to  a  day  certain,  then 
the  incumbent  may  qualify  anew  and  hold  the  office  for  another  year.    But  i» 
order  that  a  president  may  thus  hold  over,  Ids  term  as  a  member  of  the  board 
must  also  continue.     Note  6  to  section  1802. 

8.  No  person  may  hold  two  offices  of  the  board  at  the  same  time. 

9.  The  secretary  and  the  treasurer  have  ten  days  in  which  to  qualify. 

10.  A  person  cannot  remain  an  officer  or  member  of  the  board  and  reside  ia 
another  district,  even  though  in  the  same  civil  township. 

11.  All  the  officers  of  the  board,  in  addition  to  the  oath  which  they  may  have 
taken  as  members,  must  take  the  oath  of  office  as  prescribed  by  section  5,  article- 
11,  of  the  constitution. 

12.  When  the  treasurer  is  chosen  from  the  board,  his  ceasing  to  be  a  member  of 
the  board  in  March  does  not  terminate  his  relation  as  treasurer  of  the  district 
until  September  following. 

13.  If  the  treasurer  continues  in  office  by  reason  of  failure  to  elect  a  successor,, 
his  bond  should  be  renewed  and  he  should  produce  and  account  for  the  funds  in 
his  hands,  and  the  statement  of   such  settlement  should  be  indorsed  on  his  new 
bond.    Note  7  to  section  1747. 

SEC.  1722.     1.     Section  1788  provides  that  a,  majority  of  the  board  shall  consti- 
tute a  quorum. 

2.  Special  meetings  should  be  convened  by  a  written  call,  signed  either  by  the 
president  or  a  majority  of  the  members,  and  each  member  should  be  duly  notified 
of  the  purpose  of  the  meeting,  as  far  as  known. 

3.  Any  duty  imposed  upon  the  board  as  a  body  must  be  performed  at  a  regular 
or  special  meeting,  and  made  a  matter  of  record.     47  Iowa,  11. 

4.  The  consent  of  the  board  to  any  particular  measure,  obtained  of  individual 
members  when  not  in  session,  is  not  the  act  of  the  board,  and  is  not  binding  upon* 
the  district.     67  Iowa,  164. 

5.  This  section  authorizes  the  board  of  a  district  township  to  hold  meetings  in 
an  independent  district  within  the  same  civil  township. 


SCHOOL  LAWS  OF   IOWA.  23 

SEC.  1723.  They  shall  make  all  contracts,  purchases,  payments,  and 
sales  necessary  to  carry  out  any  vote  of  the  district,  but  before  erecting 
any  school-house  they  shall  consult  with  the  county  superintendent  as  to 
the  most  approved  plan  of  such  building.  And  all  school-houses  erected 
or  repaired  at  a  cost  exceeding  three  hundred  dollars,  shall  be  sa_erected 
or  repaired  by  contract,  and  no  such  contract  for  labor  or  materials 
shall  be  let  until  proposals  for  the  same  shall  have  been  invited  by 
advertisement  for  four  weeks  in  some  newspaper  published  in  the  county 
where  the  work  is  to  be  done,  if  there  be  one  published  therein,  if  not, 
in  the  nearest  newspaper  in  an  adjoining  county;  and  such  contract  shall 
be  let  to  the  lowest  responsible  bidder,  and  bonds  with  sufficient  sureties 
for  the  faithful  performance  of  the  contract  shall  be  required. 

SEC.  1723.  1.  It  is  the  duty  of  the  board  to  make  contracts  for  the  erection  of 
school-houses,  when  the  means  have  been  provided  by  the  electors.  Forms  6,  7 
and  8. 

2.  The  board  may  anticipate  the   levy  and  collection  of   school-house  taxes 
already  voted,  and  issue  orders  to  build  as  directed  by  the  electors.     51  Iowa,  102. 

3.  No  member  has  authority  to  make  a  contract  in  behalf  of  the  district,  except 
under  specific  instructions  of  the  board. 

4.  If  a  subdirector  is  appointed  a  committee  to  contract,  it  should  be  with  cer- 
tain limitations,  and  the  contract  must  be  reported  to  the  board  for  approval,  as 
provided  by  section  1753.    S.  L.  Decisions,  40. 

5.  If  members  or  officers  of  the  board  intentionally  violate  law  they  become 
personally  liable.     Iowa  Reports,  14,  510;  17,  155;  24,  337,  and  38,  47. 

C.  If  an  agent  makes  a  valid  contract  without  authority,  he  is  himself  bound 
thereby.  37  Iowa,  314.  S.  L.  Decisions,  45. 

7.  Boards  should  not  involve  the  district  in  an  indebtedness  for  the  erection  of 
school-houses,  by  contracts  and  the  issue  of  orders  to  exceed  the  amount  voted  by 
the  electors,  or  of  available  school-house  funds. 

8.  District  townships  have  no  authority  to  issue  bonds  or  other  evidences  of 
indebtedness  for  the  purpose  of  borrowing  money. 

9.  Unappropriated  school-house  funds  may  be  disposed  of  by  the  electors,  under 
section  1717,  for  improvements,  such  as  fencing  school-house  sites,  providing  wells, 
etc.,  or  the  same  may  be  transferred  to  either  the  teachers'  or  contingent  fund,' 
and  the  board,  under  section  1723,  is  required  to  carry  out  the  vote  of  the  electors. 
S.  L.  Decisions,  55. 

10.  Any  unappropriated  school-house  fund  in  the  district  treasury  may  be  used 
for  the  erection  or  repair  of  school-houses,  at  the  discretion  of  the  board,  without 
action  of  the  electors. 

11.  A  lightning  rod  may  be  supplied  as  a  part  of  a  new  house,  and  paid  for  from 
the  school-house  fund.    51  Iowa,  432. 

12.  Before  making  a  contract  great  pains  should  be  taken  to  obtain  the  best 
possible  plan  for  the  building.     On  this  point  the  law  requires  consultation  with 
the  county  superintendent. 

13.  Contracts  for  the  erection  or  repair  of  school-houses,  or  for  material  for  the 
same,  exceeding  $300,  cannot  be  entered  into  until  proposals  have  been  published 
at  least  twenty-eight  days.     Repairs  include  furniture. 

14.  After  the  contract  is  executed,  it  should  be  changed  with  caution,  or  the 
sureties  may  be  released.    50  Iowa,  98. 


24:  SCHOOL  LAWS  OF  IOWA. 

SEC.  1724.  They  shall  fix  the  site  for  each  school-house,  taking  into 
consideration  the  geographical  position  and  convenience  of  the  people  of 
each  portion  of  the  subdistrict,  and  shall  determine  what  number  of 
schools  shall  be  taught  in  each  subdistrict,  and  for  what  additional  time 
beyond  the  period  required  by  law  they  shall  be  continued  during  each 
year. 

15.  Contracts  made  in  violation  of  the  terms  of  this  section  are  illegal.    Their 
fulfillment  may  be  prevented  by  injunction. 

16.  The  local  board  of  health  has  undoubted  right  under  chapter  151,  section  1(5, 
laws  of  1880,  to  condemn  and  close  for  use  as  a  school-house  a  building  believed  by 
them  to  be  unfit  for  such  purpose. 

17.  The  district  may  not  form  a  partnership  with  any  other  party  in  the  build- 
ing of  a  school-house.      This  does  not  prevent  the  receiving  of  donations  and 
granting  privileges  under  notes  12  and  15  to  section  1753. 

18.  District  property  is  exempt  from  general  taxation,   from  execution,   from 
garnishment,  and  from  mechanic's  lien.     Sections  707,  3018,  2976,  and  54  Iowa,  81. 

19.  The  legal  obligations  of  the  district  are  the  same  as  those  of  any  other  land 
owner,  with  regard  to  fencing.     Sometimes  a  district  desires  to  maintain  a  differ- 
ent or  better  fence  than  can  be  required  of  the  party  joining.    In  such  cases  it  is 
quite  customary  for  districts  to  build  the  whole  fence. 

20.  There  is  no  provision  of  law  for  condemning  land  for  a  school  road.     If  the 
land  cannot  be  procured  by  contract,  the  road  may  be  established  in  the  same 
manner  and  by  the  proceedings  provided  for  the  establishment  of  highways,  and 
when  the  damages  have  been  assessed,  the  district  may  pay  the  same. 

SEC.  1724.  1.  The  power  to  locate  sites  for  school-houses  is  vested,  originally, 
exclusively  in  the  board.  This  authority  should  be  exercised  with  great  care,  and 
without  prejudice.  S.  L.  Decisions,  70,  75,  and  93. 

2.  The  wishes  of  the  people,  for  whom  the  house  is  designed,  should  be  con- 
sulted as  far  as  practicable,  taking  into  account  the  prospective  as  well  as  the 
present  convenience  of  the  subdistrict.     S.  L.  Decisions,  55  and  64. 

3.  The  power  of  the  board  to  fix  the  site  carries  with  it  the  power  to  relocate 
that  site.     The  exercise  of  this  power  is  a  proper  and  necessary  adjunct  of  the  power 
to  make  alterations  in  subdistrict  boundaries.     68  Iowa,  161. 

4.  An  extension  of  settlements  frequently  changes  the  centers  of  population 
and  necessitates  a  change  of  subdistrict  boundaries,  and  the  removal  of  school- 
houses  to  central  localities  in  the  new  subdistricts.    23  Iowa,  408. 

5.  A  site  near  the  center  of  the  subdistrict  should  be  chosen,  unless  controlling 
circumstances  indicate  a  different  selection.     S.  L.  Decisions,  39  and  95. 

6.  The  removal  of  a  school-house  from  the  subdistrict  must  be  first  ordered  by 
the  electors,  at  the  district  township  meeting.     S.  L.  Decisions,  43. 

7.  As  a  change  of  boundaries  between  subdistricts  does  not  take  effect  until  the 
subdistrict  meeting  in  March,  the  board  may  not  move  the  school-house  to  accom- 
modate the  proposed  new  subdistrict  until  after  that  time. 

8.  If  possible,  the  district  should  own  the  sites.     In  every  case,  a  perfect  title 
should  be  secured,  and  the  warranty  deed  recorded,  before  commencing  to  build. 

9.  The  site  should  contain  not  less  than  one  acre  of  ground,  ordinarily,  and  this 
exclusive  of  highway. 

10.     The  provisions  of  section  1825  do  not  apply  in  cases  where  the  site  is  pur- 
chased.   S.  L.  Decisions,  86  and  96. 


SCHOOL  LAWS   OF  IOWA.  25 

SEC.  1725.  (As  amended  by  Chap.  109,  Laws  of  1876,  and  Chap. 
Laws  of  1886.)  They  shall  determine  where  pupils  may  attend 
school,  and  for  this  purpose  may  divide  their  district  into  such  subdis- 
tricts  as  may  by  them  be  deemed  necessary;  provided  that  no  such  sub- 
district  shall  be  created  for  the  accommodation  of  less  than  h'fteenjpupils, 
but  the  board  of  directors  shall  have  power  to  rent  a  room  and  employ  a 
teacher  for  the  accommodation  of  any  ten  scholars;  provided  further  that 
nothing  in  this  chapter  contained  shall  be  construed  to  prohibit  the 
construction  of  as  many  school-houses,  out  of  moneys  derived  from  taxes 
levied  previous  to  January  1,  1876,  in  any  subdistrict  where  the  subdis- 
trict  comprises  the  entire  district  township,  as  shall  have  been  author- 
ized and  provided  for  at  the  annual  meeting  of  the  district  township 
electors. 

SEC.  1726.  They  may  establish  graded  or  union  schools  wherever  they 
may  be  necessary,  and  may  select  a  person  who  shall  have  the  general 

11.  Every  new  site,  taken  by  condemnation  under  section  1825,  must  be  selected 
on  some  public  highway,  at  least  forty  rods  from  any  residence  the  owner  whereof 
objects  to  its  being  placed  nearer,  and  not  in  any  orchard,  garden,  or  public  park; 
except  in  incorporated  towns  or  cities.     Section  1826. 

12.  Boards  may  rebuild  on  sites  without  consent  of  owners  of  residences  within 
forty  rods. 

13.  As  regards  the  length  of  time  during  which  schools  are  to  be  taught  in  each 
subdistrict,  twenty-four  weeks  is  the  minimum.      The  maximum  is  unlimited, 
except  as  by  section  1780,  providing  a  limit  to  the  amount  of  taxes  for  contingent 
and  teachers'  fund. 

SEC.  1725.  1.  All  changes  in  subdistrict  boundaries  must  be  made  in  strict 
conformity  with  sections  1738  and  1796. 

2.  The  words    pupils  and  scholars,    as  used  in   this  section,  mean  persons 
between  the  ages  of  live  and  twenty-one  years. 

3.  All  territory  must  be  included  within  some  school  district,  and  all  of  a  dis- 
trict township  must  be  included  in  some  subdistrict.     Section  1713.     S.  L.  Decis- 
ions, 80. 

4.  A  subdistrict  is  not  a  corporate  body  and  has  no  financial  claims,  nor  can  it 
be  held  liable  for  debts,  except  as  a  part  of  the  district  township.     Note  3  to  sec- 
tion 1716.     S.  L.  Decisions,  40. 

"5.  The  board  may  discontinue  or  abolish  a  subdistrict  by  a  readjustment  of 
boundaries,  taking  effect  in  March  following. 

6.  No  change  in  boundaries  may  be  made  by  the  board  which  leaves  any  subdis- 
trict with  less  than  fifteen  persons  of  school  age. 

7.  In  an  organized  subdistrict,  even  though  there  are  not  fifteen  persons  of 
school  age,  a  school  must   be  held,   unless  the  board  is  excused  by  the  county 
superintendent.     Section  1727. 

8.  The  board  cannot  provide  an  extra  school  for  the  accommodation  of  a  less 
lumber  than  ten  persons  of  school  age.     S.  L.  Decisions,  99. 

9.  There  is  nothing  in  law  to  prevent  the  erection  of  more  than  one  school- 
louse  in  a  subdistrict.     69  Iowa,  533.     S.  L.  Decisions,  132. 

SEC.  1726.  1.  With  their  power  to  establish  and  maintain  graded  schools,  all 
boards  are  invested  with  the  authority  to  prescribe  a  course  of  study  in  the  differ- 
ent branches  to  be  taught. 


26  SCHOOL  LAWS  OF  IOWA. 

supervision  of  the  schools  in  their  district,  subject  to  the  rules  and  regu- 
lations of  the  board. 

SEC.  1727.  In  each  subdistrict  there  shall  be  taught  one  or  more 
schools  for  the  instruction  of  youth  between  the  ages  of  five  and  twenty- 
one  years,  for  at  least  twenty-four  weeks,  of  five  school  days  each,  in- 
each  year,  unless  the  county  superintendent  shall  be  satisfied  that  there 
is  good  and  sufficient  cause  for  failure  so  to  do.  Any  person  who  was- 
in  the  military  service  of  the  United  States  during  his  minority  shall  be 
admitted  into  the  schools  of  the  subdistrict  in  which  he  may  reside  on 
the  same  terms  on  which  youths  between  the  ages  of  five  and  twenty-one 
are  admitted. 

2.  A  graded  school,  open  to  the  older  and  more  advanced  scholars  from  every 
subdistrict,  may  be  advantageously  established  at  some  central  point  in  the  district 
township. 

3.  It  is  very  desirable  that  boards,  county  superintendent,  and  teachers  should 
work  together  in  efforts  to  classify  and  harmonize  the  work  to  be  done  in  the 
ungraded  schools.     Much  may  be  accomplished  by  concert  of  action  in  carrying; 
forward  some  uniform  method  of  classification  and  instruction. 

4.  Boards  may  bind  a  corporation  by  contracts  entered  into  after  the  election 
of  their  successors  and  before  their  qualification.     13  Iowa,  555. 

5.  Boards  may  not  unnecessarily  make    contracts    to   extend   beyond   their 
term.    87  111.,  255. 

6.  While  instances,  may  occur  in  which  the  interests  of  the  district  will  be  sub- 
served by  making  contracts  with  teachers  and  others,  which  will  not  expire  for 
months  after  a  change  of  officers,  courtesy  as  well  as  justice,  dictates  the  impro- 
priety of  making  contracts  the  execution  of  which  will  embarrass  successors  in 
office.      Ordinarily  the  board  should  make  contracts  only  for  the  year  during 
which  they  serve. 

SEC.  1727.  1.  Unless  the  county  superintendent  finds  it  quite  impracticable 
that  a  school  should  be  held,  and  releases  the  board,  it  is  required  by  law  to  provide 
a  school  in  every  subdistrict. 

2.  The  board  may  establish  more  than  one  school  in  a  subdistrict  if  necessary 
for  the  accommodation  of  the  children,  subject  to  the  limitations  contained  in 
sections  1725  and  1780.    70  Iowa,  102. 

3.  Under  section  1724,  the  board  has  power  to  provide  for  a  longer  period  of 
school  than  twenty-four  weeks.     An  additional  school  in  a  rented  room  continues 
during  such  time  as  the  board  may  determine. 

4.  Inequalities  in  the  requirements  may  demand  that  varying  prices  should  be 
paid  as  wages  for  different  schools.     S.  L.  Decisions,  73. 

5.  When  two  school-houses  are  within  the  same  district,  or  subdistrict,  a  school 
of  three  months  in  each,  held  at  the  same  time,  does  not  fulfill  the  requirements 
of  the  law  that  a  school  of  at  least  twenty-four  weeks  shall  be  taught. 

6.  The  school  year  for  school  purposes  should  be  regarded  as  beginning  on  the 
third  Monday  in  March,  when  a  new  board  enters  upon  its  duties.    The  year  for 
the  reports  closes  in  September. 

7.  All  the  youth  of  the  state  from  five  to  twenty-one  years  of  age,  irrespective 
of  religion,  race  or  nationality,  are  entitled  to  the  same  school  facilities.    While 
schools  may  be  graded  according  to  the  proficiency  of  pupils,  no  discrimination, 
such  for  instance  as  requiring  colored  pupils  to  attend  separate  schools,  can  be 
enforced.    21  Iowa,  260. 


SCHOOL  LAWS  OF  IOWA.  9J 

SEC.  1728.  The  board  of  directors  of  any  district  township  or  inde- 
pendent district  shall  not  order,  or  direct,  or  make  any  change  in  the 
school-books  or  series  of  text-books  used  in  any  school  under  their  super- 
intendence, direction,  or  control,  more  than  once  in  every  period  of  three 
years,  except  by  a  vote  of  the  electors  of  the  district  township  ox  inde- 
pendent district. 

CHAPTER  24,  LAWS  OF  1890. 

AUTHORIZING  AND  EMPOWERING  THE  BOARDS  OF  DIRECTORS  OF  SCHOOL  DIS- 
TRICTS TO  PURCHASE  TEXT-BOOKS,  AND  ALLOWING  THE  ELECTORS  OF  DIS- 
TRICTS AND  COUNTIES  TO  DECIDE  THE  QUESTION  OF  UNIFORMITY,  AND  TO- 
PROVIDE  MEANS  AND  AUTHORITY  FOR  PURCHASE  OF  SCHOOL  BOOKS  AND- 
SUPPLIES. 

SECTION  1.  The  board  of  directors  of  each  and  every  district  township 
and  independent  district  in  the  state  of  Iowa  is  hereby  authorized  and 
empowered  to  adopt  text-books  for  the  teaching  of  all  branches  that  are 
now  or  may  hereafter  be  authorized  to  be  taught  in  the  public  schools  of 
the  state,  and  to  contract  for  and  buy  said  books  and  any  and  all  other 
necessary  school  supplies  at  said  contract  prices,  and  to  sell  the  same  to 

8.  Persons  over  twenty-one  years  of  age  are  not  entitled  to  the  benefits  of  the 
public  schools,  except  as  provided  in  the  latter  part  of  this  section.     If,  however, 
the  school  is  not  full,  they  and  nonresidents  may  be  admitted,  in  the  discretion  of 
the  board,  upon  such  terms  as  the  board  may  prescribe.     Section  1794. 

9.  Children  under  five  years  of  age  will  be  more  injured  by  the  confinement 
than  benefited  by  the  instruction.     They  cannot  claim  the  advantages  of  the  school, 
and  should  not  be  allowed  to  attend. 

SEC.  1728.  1.  The  change  of  any  text-book  in  the  school  under  this  section  does 
not  prevent  the  board  from  changing  any  or  all  other  books  at  a  subsequent  time. 

2.  Neither  subdirector  nor  teacher  has  authority  to  change  text-books. 

3.  The  electors  may  not  vote,  nor  the  board  appropriate,  money  for  the  pur- 
chase of  text-books  for  the  free  use  of  scholars  or  teachers. 

CHAPTER  24,  LAWS  OF   1890. 

SECTION  1.  1.  It  is  evidently  not  the  intention  to  impose  a  hardship  upon  the 
president,  but  simply  to  guard  the  district  against  possible  loss.  The  board  is  not 
to  be  considered  as  released  in  the  slighest  degree  from  its  obligation,  under  the 
general  law,  to  protect  the  funds.  The  bond  is  required  for  additional  protection. 
Nor  will  the  fact  that  the  president  gives  a  bond,  in  any  way  release  the  treasurer 
from  his  absolute  responsibility  for  all  funds  of  the  district  coming  into  his  hands, 
from  whatever  source.  Form  9. 

2.  While  the  president  is  held  responsible  under  his  bond  for  the  books  and 
moneys  while  in  his  hands,  it  is  not  to  be  presumed  that  he  must  of  necessity  per- 
sonally handle  and  retail  the  articles  sold.     In  many  cases  it  will  be  desirable  to 
engage  some  one  to  undertake  for  him  the  work  of  making  changes  of  books,  and 
of  keeping  the  needed  school  supplies  for  sale. 

3.  There  is  no  provision  of  law  by  which  the  board  may  relieve  the  president 
of  his  duty  to  become  responsible  for  the  care  and  handling  of  the  books.    The 


28  SCHOOL  LAWS  OF  IOWA. 

the  pupils  of  their  respective  districts  at  cost,  and  said  money  so  received 
shall  be  -returned  to  the  contingent  fund;  that  the  books  and  supplies 
which  are  purchased  under  the  provisions  of  this  section  shall  be  under 
the  charge  of  the  president  of  each  board  of  directors,  that  he  shall  care 
therefor  and  receive  all  moneys  for  books  sold,  and  he  shall  be  respon- 
sible for  all  such  books  and  moneys,  and  he  shall  give  a  bond  in  the  sum 
of  five  hundred  dollars  with  sureties  to  be  approved  by  the  county  board 
of  supervisors  to  insure  the  faithful  performance  of  such  duties. 

SEC.  2.  All  the  books  and  other  supplies,  purchased  under  the  pro- 
visions of  this  act,  shall  be  paid  for  out  of  the  contingent  fund,  and  the 
board  of  directors  shall  annually  certify  to  the  board  of  supervisors 
the  additional  amount  necessary  to  levy  for  the  contingent  fund  of  said 
•district  to  pay  for  such  books  and  supplies.  But  such  additional  amount 
shall  not  exceed  in  any  one  year  the  sum  of  one  dollar  for  each  pupil 
residing  in  the  district  township  or  independent  school  district,  and  the 
amount  so  levied  shall  be  paid  out  on  warrants  drawn  for  the  payment 
of  books  and  supplies  only,  but  the  district  shall  contract  no  debt  for  that 
purpose. 

board  may  not  place  them  in  charge  of  a  local  dealer,  or  of  any  other  person  but 
the  president. 

4.  The  president  may  not  receive  pay  for  any  services  required  of  him  by  the 
law.  Nor  has  the  board  power  to  pay  a  commission  or  other  amount  to  a  dealer, 
or  to  any  other  person,  for  keeping,  selling,  or  caring  for  the  books  and  supplies. 

o.  We  think  the  words  any  and  all  other  necessary  school  supplies  are  intended 
to  include  only  such  articles  as  it  is  customary  for  parents  to  purchase  for  the  use 
of  their  children  in  school  work.  For  instance,  globes  and  charts  have  not  been 
furnished  by  the  children.  They  cannot  be  bought  with  the  money  of  the  district, 
resold,  and  the  money  returned  to  the  contingent  fund  as  directed  by  the  law. 

6.  Text-books  of  every  variety,  in  all  classes  and  grades,  and  all  kinds  of  sup- 
plies usually  purchased  by  the  children  for  use  in  the  schools  for  the  purposes  of 
instruction,  may  be  purchased  under  this  act. 

7.  It  is  desirable  that  the  cost  to  the  pupil  shall  be  the  lowest  possible.    Any 
extra  expense  connected  with  securing  the  books  should  not  be  added  to  their 
purchase  price,  but  should  be    paid  out  of  the  contingent  fund,  upon  separate 
orders.     In  this  way  the  cost  to  the  purchaser  will  agree  with  the  contract  price, 
and  uniformity  in  cost  for  the  same  book  will  be  common  in  many  districts  and 
counties. 

SEC.  2.  1.  Any  contingent  fund  on  hand  may  be  used  to  purchase  books  and 
supplies.  As  the  proceeds  from  sales  must  be  returned  at  once  to  the  contingent 
fund,  no  large  additional  amount  will  ordinarily  be  needed  to  enable  the  average 
district  to  secure  books  and  supplies  under  this  law. 

2.  When  the  board  is  estimating  the  levy  for  the  contingent  fund,  it  may 
include  in  the  estimate  an  amount  needed  to  pay  any  necessary  expense  connected 
with  securing  the  books.    But  as  indicated  in  section  1,  and  notes,  no  one  can  be 
paid  for  handling  the  books. 

3.  All  payments  under  this  chapter  must  be  made  in  strict  accordance  with  the 
other  provisions  of  law  governing  the  disbursement  of  school  moneys.    No  order 
for  any  purpose  may  be  drawn  until  the  account  has  been  regularly  audited  by 
the  board. 


SCHOOL  LAWS  OF  IOWA.  29 

SEC.  3.  In  the  purchasing  of  text-books  it  shall  be  the  duty  of  the 
board  of  directors  or  the  county  board  of  education  to  take  into  consider- 
ation the  books  then  in  use  in  the  respective  districts,  and  they  may  buy 
such  additional  number  of  said  books  as  may  from  time  to  time  become 
necessary  to  supply  their  schools,  and  they  may  arrange  on  equitable 
terms  for  exchange  of  books  in  use  for  new  books  adopted. 

SEC.  4.  If  at  any  time  the  publishers  of  such  books  as  shall  have 
been  adopted  by  any  board  of  directors  or  county  board  of  education, 
shall  neglect  or  refuse  to  furnish  such  books  when  ordered  by  said  board1 
in  accordance  with  the  provisions  of  this  act,  at  the  very  lowest  price, 
either  contract  or  wholesale,  that  such  books  are  furnished  any  other 
district  or  state  board,  or  were  furnished  to  any  other  district  or  state  board, 
in  the  year  1889,  then  said  board  of  directors  or  county  board  of  educa 
tion  may,  and  it  is  hereby  made  their  duty  to  bring  suit  upon  the  bond' 
given  them  by  the  contracting  publisher. 

SEC.  5.  Before  purchasing  text-books,  under  the  provisions  of  thi& 
act,  it  shall  be  the  duty  of  the  board  of  directors,  or  county  board  of  ed- 
ucation, to  advertise,  by  publishing  a  notice  for  three  consecutive  weeks 
in  one  or  more  newspapers  published  in  the  county;  said  notice  shall 
state  the  time  up  to  which  all  bids  will  be  received,  the  classes  and  grades 
for  which  text-books  and  other  necessary  supplies  are  to  be  bought,  and 
the  approximate  quantity  needed;  and  said  board  shall  award  the  contract 
for  said  text-books  and  supplies  to  any  responsible  bidder  or  bidders 
offering  suitable  text-books  and  supplies,  at  the  lowest  prices,  taking  into 
consideration  the  quality  of  material  used,  illustrations,  binding  and  all 
other  things  that  go  to  make  up  a  desirable  text-book;  and  may  to  the 
end  that  they  may  be  fully  advised,  consult  the  county  superintendent; 
or,  in  case  of  city  independent  districts,  with  city  superintendent  or  other 
competent  persons,  with  reference  to  the  selection  of  text- books,  provided, 
that  the  board  may  reject  any  and  all  bids,  or  any  part  thereof,  and  re- 
advertise  therefor  as  above  provided. 

SEC.  6.  It  shall  be  unlawful  for  any  board  of  directors,  or  county 
board  of  education,  except  as  provided  in  section  4,  to  displace  or  change 

SEC.  3.     1.    There  has  never  been  in  this  state,  nor  is  there  at  present,  any 

authority  of  law  for  the  furnishing  of  free  text-books. 
2.    The  provision  allowing  books  in  use  to  be  exchanged  on  equitable  terms  for 

the  new  books  adopted,  will  assist  very  materially  in  securing  uniform  books,  as 

well  as  in  reducing  the  expense  to  the  people. 

The  good  of  the  schools  would  be  best  advanced  if  it  were  ordered  that  the 
true  book  or  books  in  any  branch  must  be  used  in  all  the  schools  of  the  same 
rade  in  the  district.  This  will  simplify  the  purchase,  and  also  facilitate  the  intro- 

luction  of  uniform  books. 

SEC.  5.  Since  the  period  of  adoption  is  an  extended  one,  it  is  essential  that  the 
jst  books  obtainable  be  chosen.  The  knowledge  and  experience  of  the  county 
iperintendent  render  him  peculiarly  qualified  to  advise  the  board  as  to  its  choice. 


30  SCHOOL  LAWS  OF  IOWA. 

any  text-book  that  has  been  regularly  adopted  and  introduced  under  the 
provisions  of  this  act,  before  the  expiration  of  five  years  from  the  date 
of  such  adoption,  unless  authorized  to  do  so  by  a  majority  of  the  electors 
present  and  voting  at  their  regular  annual  meeting  in  March,  due  notice 
of  said  proposition  to  change  or  displace  said  text-books  having  been  in- 
cluded in  the  notice  for  the  said  regular  meeting. 

SEC.  7.  Any  person  or  firm  desiring  to  furnish  books  or  supplies 
under  this  act,  in  any  county,  shall,  at  or  before  the  time  of  filing  his  bid 
•hereunder,  deposit  in  the  office  of  the  county  auditor  samples  of  all 
text-books  included  in  his  bid,  accompanied  with  lists  giving  the  lowest 
wholesale  and  contract  price  for  the  same.  And  said  samples  arid  lists 
shall  remain  in  the  county  auditors  office,  and  shall  be  delivered  by  him 
to  his  successor  in  office;  and  shall  be  kept  by  him  in  such  safe  and  con- 
venient manner  as  to  be  open  at  all  times  to  the  inspection  of  such 
school  officers,  school  patrons,  and  school  teachers  as  may  desire  to 
-examine  the  same,  and  compare  them  with  others,  for  the  purpose  of 
use  in  the  public  schools.  The  board  of  directors  and  county  board  of 
•education  mentioned  shall  require  of  any  person  or  persons  with  whom 
they  contract  for  furnishing  any  books  or  supplies  to  enter  into  a  good 
and  sufficient  bond  in  such  sum  and  with  such  conditions  and  sureties  as 
may  be  required  by  such  board  of  directors  or  county  board  of  education 
for  the  faithful  performance  of  any  such  contract. 

SEC.  8.  When  a  petition  shall  have  been  signed  by  one-half  the  school 
directors  in  any  county,  and  the  same  shall  have  been  filed  in  the  office 
of  the  county  superintendent  of  said  county,  at  least  thirty  days  before 
the  annual  school  elections  in  March,  asking  for  a  uniform  series  of  text- 
books in  the  county,  then  the  said  county  superintendent  shall  notify  the 
county  auditor  and  the  board  of  supervisors  of  such  petition.  Such  no- 
tice shall  be  in  writing  and  shall  be  served  or  delivered  as  soon  as  possi- 
ble, and  within  fifteen  days  after  the  filing  of  the  petitions  provided  for 
herein,  the  board  of  education,  provided  for  in  section  9,  shall  meet  and 
provide  for  the  submission  of  the  question  of  county  uniformity. 

SEC.  9.  The  county  superintendent,  the  county  auditor,  and  the 
county  board  of  supervisors  shall  constitute  a  board  of  education,  whose 
duty  it  shall  be  to  arrange  for  a  vote  by  the  electors  at  the  annual  meet- 
ing in  March,  for  or  against  county  uniformity  of  school  text-books 

SEC.  8.  It  is  intended  that  at  least  one-half  of  the  individuals  composing  all 
boards,  except  those  of  city  and  town  districts,  shall  sign  the  petition  referred  to. 
Form  12. 

SEC.  9.     1.    The  county  board  of  education  is  a  continuous  body. 

2.  County  boards  of  education  will  from  time  to  time  make  such  rules  and  regu- 
lations as  seem  to  them  necessary  to  carry  out  the  purpose  and  spirit  of  the  law. 

3.  Purchases  of  records,  dictionaries,  apparatus,  and  similar  supplies  for  the 
use  of  the  district  may  not  be  made  by  contract  under  this  law,  but  such  articles 


SCHOOL  LAWS  OF  IOWA.  31 

under  such  rules  and  regulations  as  said  board  of  education  may  deter- 
mine. Should  a  majority  of  the  electors  voting  at  uuch  election,  favor  a 
uniform  series  of  text-books  for  use  in  said  county,  then  the  county 
board  of  education  shall  meet  and  select  the  school  text-books  for  the 
•entire  county,  and  contract  for  the  same  under  such  rules  and  regulations 
as  the  said  board  of  education  may  adopt.  When  a  list  has  been  so 
.-selected,  they  shall  be  used  by  all  the  public  schools  of  said  districts,  and 
the  board  of  education  may  arrange  for  such  depositories  as  they  may, 
-deem  best,  and  may  pay  for  said  school  books  out  of  the  county  funds 
and  sell  them  to  the  school  districts  at  the  same  price  as  provided  for  in. 
section  one  of  this  act,  and  the  money  received  from  said  sales  shall  be 
returned  to  the  county  funds  by  said  board  of  education  monthly.  The 
boards  of  school  officers,  who  are  made  the  judges  of  the  school  meet- 
ings, shall  certify  to  the  board  of  supervisors  the  full  returns  of  the  votes 
<cast  at  said  meetings  the  next  day  after  the  holding  of  said  meetings, who 
shall,  at  their  next  regular  meeting,  proceed  to  canvass  said  votes  and 
•declare  the  result. 

will  be  bought  for  cash  as  heretofore,  with  unappropriated  contingent  fund  in  the 
treasury,  as  provided  by  section  1729. 

4.  The  county  board  of  education  must  cause  the  books  to  be  sold  to  the  people 
•direct,  under  such  regulations  as  the  board  may  adopt. 

5.  Security  by  bond  made  payable  to  the  county,  may  be  required  from  depos- 
itaries.    But  the  fact  that  the  money  from  sales  must  be  returned  to  the  county 
funds  monthly,  will  lessen  the  need  for  as  much  security  as  would  be  necessary,  if 
a  large  sum  of  money  could  be  held  by  a  depositary  for  a  long  time. 

6.  Under  county  uniformity,  of  course  no  bond  is  required  from  presidents,  as 
the  boards  of  the  different  districts  have  nothing  whatever  to  do  with  the  handling 
of  the  books  and  supplies. 

7.  The  county  board  of  education  should  arrange  for  a  sufficient  number  of 
depositories  to  accommodate  fully  the  people  of  every  district  in  the  county. 

8.  ^fhe  law  does  not  require  bonds  from  depositaries. 

9.  It  would  promote  an  equality  of  price  for  the  same  book  in  the  several 
•counties,  if  any  slight  extra  expense  connected  with  securing  or  handling  the 
books  were  not  added  to  the  contract  price,  but  paid  for  from  the  county  funds,  by 
the  board  of  supervisors.    In  this  way,  the  books  and  supplies  may  be  sold  to  the 
people  at  cost,  the  same  as  provided  under  sections  1  and  2,  when  purchase  is 
made  by  a  district. 

10.  The  judges  of  the  school  meetings  are,  in  district  townships,  those  referred  to 
in  subsection  1  of  section  1717,  and  in  independent  districts,  those  named  in  section 
1808. 

11.  It  is  apparent  that  there  will  be  many  questions  arising  in  the  application  of 
this  act,  upon  which  we  cannot  venture  an  opinion.     Any  matter  in  which  the 
binding  force  or  validity  of  a  contract  is  involved,  can  be  determined  only  by  the 
courts  of  law. 

The  county  attorney  is  the  legal  adviser  of  the  county  board  of  education, 
and  he  should  be  fieely  consulted  on  questions  upon  which  the  board  may  be  in 
doubt. 


32  SCHOOL  LAWS  OF  IOWA. 

SEC.  10.  The  county  superintendent  shall,  in  all  cases,  be  chairman 
of  the  county  board  of  education,  and  the  county  auditor  shall  be  the 
secretary,  and  a  full  and  complete  record  shall  be  kept  of  their  proceed- 
ings in  a  book  kept  for  that  purpose,  in  the  office  of  the  county  superin- 
tendent. A  list  of  text-books  so  selected,  with  their  contract  prices, 
shall  be  reported  to  the  state  superintendent  with  the  regular  annual 
report  of  the  county  superintendent. 

%  SEC.  11.  It  shall  be  unlawful  for  any  school  director,  teacher  or  mem- 
ber of  the  county  board  of  education  to  act  as  agent  for  any  school  text- 
books or  school  supplies  during  such  term  of  office  or  employment,  and  any 
school  director,  officer,  teacher  or  member  of  the  county  board  of  educa- 
tion who  shall  act  as  agent  or  dealer  in  school  text-books  or  school  sup- 
plies, during  the  term  of  such  office  or  employment,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  shall  upon  conviction  thereof,  be  fined  not 
less  than  ten  dollars  nor  more  than  one  hundred  dollars,  and  pay  the 
costs  of  prosecution. 

SEC.  12.  The  provisions  .of  sections  8,  9  and  10  of  this  act  shall  not 
apply  to  schools  located  within  cities  or  towns,  nor  shall  the  electors  of 
said  cities  or  towns  vote  upon  the  question  of  county  uniformity,  but 
nothing  herein  shall  be  so  construed  as  to  prevent  such  schools  in  said 
cities  and  towns  from  adopting  and  buying  the  books  adopted  by  the 
county  board  of  education  at  the  prices  fixed  by  them,  if  by  a  vote  of  the 
electors  they  shall  so  decide. 

SEC.  13.  All  acts  or  parts  of  acts  in  conflict  with  the  provisions  of 
this  act  are  hereby  repealed. 

SEC.  1729.  They  may  use  any  unappropriated  contingent  fund  in  the 
treasury  to  purchase  records,  dictionaries,  maps,  charts,  and  apparatus 

SEC.  11.  1.  We  think  the  intention  of  this  section  is  to  prohibit  any  of  the 
persons  named  from  engaging  in  any  business  in  connection  with  school  text- 
books or  supplies,  by  which  his  pecuniary  interests  might  be  brought  in  conflict 
with  his  official  duties. 

2.  The  fact  that  a  person  is  subject  to  the  penalties  named,  for  violating  the 
provisions  of  this  section,  will  not  operate  to  deprive  him  of  his  office  or  position. 

SEC.  12.  1.  All  the  provisions  of  this  act,  except  sections  8,  9  and  10,  apply  to 
city  and  town  independent  districts,  and  such  districts  may  purchase  books  and 
supplies  in  the  same  manner  as  other  districts,  as  provided  by  sections  1  to  7, 
inclusive. 

2.  The  provisions  of  sections  8,  9  and  10,  apply  to  villages  and  towns  in  dis- 
trict townships  and  in  rural  independent  districts,  such  towns  being  a  part  of  and 
included  in  the  school  districts  in  which  they  are  situated. 

3.  It  is  intended  that  all  forms  of  districts  except  those  included  in  sections 
1800-1806,  shall  be  subject  to  county  uniformity,  if  such  uniformity  is  ordered. 

SEC.  1729.  1.  The  law  does  not  contemplate  any  purchase  of  maps,  charts,  or 
other  apparatus,  that  cannot  be  paid  for  with  surplus  contingent  funds.  80  Iowa, 
121. 


SCHOOL  LAWS  OF  IOWA.  33 

for  the  use  of  the  schools  of  their  districts,  but  shall  contract  no  debts 
for  this  purpose. 

SEC.  1730.  They  shall  appoint  a  temporary  president  and  secretary 
in  case  of  the  absence  of  the  regular  officers,  and  shall  fill  any  vacancy 
that  may  occur  in  the  office  of  president,  secretary,  or  treasurer,  or  in 
the  board  of  directors. 

2.  Purchases  of  records,  dictionaries,  apparatus,  and  similar  supplies  for  the 
use  of  the  district  may  not  be  made  by  contract  under  chapter  24,  laws  of  1890,  but 
all  such  articles  will  be  bought  for  cash  with  unappropriated  contingent  fund  ia 
the  treasury. 

3.  For  a  board  to  buy  charts  or  other  apparatus  with  the  intention  of  after- 
wards certifying  contingent  funds  to  pay  for  the  same,  is  a  cle^ar  violation  of  the 
law.    Members  and  officers  so  violating  law  may  become  personally  liable.    37 
Iowa,  314  and  38  Iowa,  47. 

4.  The  tendency  of  uur  courts  to  hold  boards  to  the  strict  construction  of  the 
law  has  seemed  to  be  needed  in  order  to  protect  the  people,  in  many  cases,  from 
the  misrepresentations  of  agents  for  supplies,  who  willingly  take   orders  for 
apparatus  at  their  risk,  but  also  at  great  annoyance  to  districts  and  often  to  the 
detriment  of  the  schools.     67  Iowa,  164. 

5.  There  can  be  no  doubt  that  one  of  the  purposes  of  the  school  is  to  teach 
patriotism  to  the  children .     The  board  may  use  contingent  funds  in  the  treasury, 
not  needed  to  keep  the  schools  in  operation  during  the  year,  to  purchase  a  flag  to 
be  used  as  apparatus  in  the  school  room,  on  the  school  building,  or  upon  the  school 
grounds. 

6.  A  debt  against  the  school-house  fund  may  be  contracted  for  any  of  the 
articles  included  in  this  section,  if  the  electors  at  their  annual  meeting  have 
directed  what  purchases  shall  be  made,     28  Iowa,  332. 

SEC.  1730.  ].  A  vacancy  can  be  created  by  death,  removal,  resignation,  failure 
to  elect,  or  failure  to  qualify  on  or  before  the  third  Monday  in  March. 

2.  If  a  subdistrict  is  divided,  so  as  to  form  a  new  one,  the  resident  subdirector 
will  continue  to  act  as  though  no  change  had  been  made,  until  the  following  sub- 
district  election. 

3.  If  a  person  without  the  requisite  qualifications,  is  elected  a  member  of  the 
board  and  acts  with  the  board,  being  a  member  de  facto,  his  acts  will  be  valid,  but 
when  his  disqualification  becomes  known,  the  board  should  declare  the  place 
vacant  and  appoint  his  successor.    23  Iowa,  96. 

4.  A  board  may  ratify  or  adopt  such  acts  of  officers  de  facto  as  the  law  would 
permit  officers  de  jure  to  perform. 

5.  School  directors  may  resign  at  any  time.    A  verbal  or  a  written  resignation 
may  be  tendered  to  the  board  when  in  session,  or  a  written  resignation  may  be 
handed  to  some  member  to  be  presented  at  a  subsequent  meeting,  for  acceptance 

•y  the  board. 

6.  No  one  can  be  compelled  to  serve  as  a  member  or  officer  of  the  board 
gainst  his  wishes. 

7.  When  a  director  habitually  or  wilfully  neglects  the  duties  of  his  office,  he 
may  be  compelled  by  mandamus  to  perform  them.    S.  L.  Decisions,  100,  128,  and 
137. 

8.  Boards  have  no  authority  to  remove  any  member  or  officer  of  the  board, 
uch  removal  may  be  made  only  by  the  courts  as  provided  by  sections  746-750, 

de. 
3 


34:  SCHOOL  LAWS  OF  IOWA. 

SEC.  1731.  They  shall  require  the  secretary  and  treasurer  to  give 
bonds  to  the  district  in  such  penalty  and  with  such  security  as  they  may 
deem  necessary  to  secure  the  district  against  loss,  conditioned  for  the 
faithful  performance  of  their  official  duties.  The  bonds  shall  be  filed 
with  the  president,  and  in  case  of  a  breach  of  the  conditions  thereof  he 
shall  bring  suit  thereon  in  the  name  of  the  district  township  or  independ- 
ent district. 

SEC.  1732.  They  shall,  from  time  to  time,  examine  the  accounts  of  the 
treasurer  and  make  settlement  with  him;  and  shall  present,  at  each  reg- 
ular meeting  of  the  electors  of  the  district  township,  a  full  statement  of 
the  receipts  and  expenditures  of  the  district  township,  and  such  other 
information  as  may  be  deemed  important. 

SEC.  1733.  They  shall  audit  and  allow  all  just  claims  against  the  dis- 
trict, and  fix  the  compensation  of  the  secretary  and  treasurer,  and  no 

9.  In  case  the  board  is  reduced  below  a  quorum  by  resignation,  or  otherwise, 
the  township  trustees  must  call  a  special  election  to  fill  vacancies,  as  provided  by 
section  1714. 

SEC.  1731.  1.  The  law  requires  all  official  bonds  to  be  secured  by  at  least  two 
sureties  who  are  freeholders,  and  whose  aggregate  property  is  double  the  amount 
of  the  bond,  the  oath  of  office  to  be  subscribed  on  the  back  of  the  bond,  or  attached 
thereto,  and  the  sureties  to  make  affidavit  that  they  are  worth  the  amount  named 
in  the  bond.  Section  249,  250,  675  and  679,  Code.  Form  14. 

2.  As  the  bonds  of  the  secretary  and  treasurer  must  be  approved  by  the  board, 
no  member  should  become  surety  for  one  of  these  officers. 

3.  Any  officer  whose  duty  it  is  to  give  bonds  for  the  proper  discharge  of  the 
duties  of  his  office,  and  who  neglects  so  to  do,  is  guilty  of  a  misdemeanor,  and  is 
liable  to  a  fine.     Sections  684  and  3965,  Code. 

4.  A  board  approving  bonds  known  to  be  insufficient,  does  not  discharge  the  duty 
incumbent  upon  it,  and  is  liable  under  section  3965,  Code,  on  a  charge  of  misde- 
meanor.    Iowa  Reports,  14,  510;  18,  153. 

SEC.  1732.  1.  The  interest  and  protection  of  the  taxpayers  require  that  such 
settlement  should  be  made  at  least  twice  a  year,  and  more  frequently  if  deemed 
necessary,  and  the  settlement  at  the  end  of  the  term  requires  that  the  funds  and 
property  shall  be  produced  and  fully  accounted  for,  and  that  these  facts  should  be 
indorsed  upon  the  new  bond  of  the  treasurer,  if  he  is  re-elected.  Section  690, 
Code,  quoted  in  note  7  to  section  1747.  69  Iowa,  269. 

2.  Whenever  the  board  thinks  it  necessary,  security  additional  to  that  already 
given  may  be  required  of  the  treasurer.     Section  773,  Code. 

3.  This  section  contemplates  that  a  full  report  of  the  affairs  of  the  district  shall 
be  made  by  the  board  at  each  annual  meeting  of  the  electors.    This  work  appro- 
priately devolves  upon  the  president,   unless  the   board  designates  some  other 
member.    When  practicable  the  report  may  be  published  in  a  newspaper. 

SEC.  1733.  1.  All  demands,  whether  by  contract  or  otherwise,  must  be 
approved  by  the  board  when  in  session,  before  an  order  may  be  drawn  on  the 
treasury,  and  no  officer  should  draw  an  order  unless  he  is  authorized  to  do  so  by 
a  vote  of  the  board,  at  a  regular  or  special  meeting. 

2.  Only  the  secretary  and  the  treasurer  may  receive  compensation  for  the  dis- 
charge of  duties  required  by  law.  Section  1738  and  78  Iowa,  37. 


SCHOOL  LAWS  OF  IOWA.  35 

order  shall  be  drawn  on  the  treasury  until  the  claim  for  which  it  is  drawn 
has  been  audited  and  allowed. 

SEC.  1734.  They  shall  visit  the  schools  in  their  district,  and  aid  the 
teachers  in  establishing  and  enforcing  the  rules  for  the  government  of 
the  schools,  and  see  that  they  keep  a  correct  list  of  the  pupils,  embracing 

3.  It  is  the  duty  of  the  board  to  examine  all  contracts  for  the  employment  of 
teachers,  and  the  construction  of  school-houses,  or  for  any  other  purpose,  and  to 
see  that  the  stipulations  have  been  complied  with,  before  directing  the  payment  of 
money  thereon. 

4.  A  member  may  relieve  himself  of  the  responsibility  of  an  illegal  act  of  the 
board,  by  moving  that  the  ayes  and  noes  be  taken,  and  voting  no.  In  case 'of  pros- 
ecution the  liability  of  such  member  may  be  materially  lessened. 

5.  The  board  may  authorize  the  .president  and  secretary  to  draw  warrants  for 
the  payment  of  teachers'  salaries  at  the  end  of  each  school  month,  upon  proper 
evidence  that  the  service  has  been  performed,  but  the  order  for  wages  for  the  last 
month  should  not  be  drawn  until  the  full  report  required  by  section  1760  is  filed  in 
the  office  of  the  secretary. 

6.  School  orders  issued  without  a  vote  of  the  board  or  otherwise  illegally  issued, 
although  they  may  be  signed  by  the  president  and  countersigned  by  the  secretary, 
are  not  binding  upon  the  district,  neither  can  they  acquire  validity  by  being  trans- 
ferred to  third  parties.    If  illegal  when  issued,  they  are  illegal  forever.     19  Iowa, 
199  and  248.    S.  L.  Decisions,  38. 

7.  An  order  is  not  a  negotiable  paper.     It  is  subject  to  all  equities  and  defenses 
to  which  it  would  have  been  subject  in  the  hands  of  the  payee.     22  Iowa,  595  and 
29  Iowa,  339. 

SEC.  1734.    1.    Boards  have  entire  control  over  the  public  schools  of  their  district 
and  the  teachers  employed  therein. 

2.  Rules  and  regulations  governing  teachers  and  scholars,  may  be  adopted  and 
enforced  by  the  board,  as  the  best  interests  of  the  schools  may  seem  to  require. 
S.  L.  Decisions,  49  and  91. 

3.  The  force  and  effect  of  any  motion  adopted  by  the  board  does  not  terminate 
with  a  change  of    officers  or  members,    but  remains  in    force  until  repealed. 
35  Iowa,  361. 

4.  The  teacher  is  the  agent  of  the  board,  and  rules  made  by  him  and  enforced 
with  either  the  formal  or  tacit  consent  of  the  board,  are  in  effect  the  rules  of  the 
board. 

5.  If  it  is  understood  that  the  principal  of  a  school  has  charge  of  other  rooms 
besides  his  own,  he  has  the  same  power  in  managing  the  children  that  is  by  law 
g-iven  to  other  teachers. 

6.  The  board  of  every  district  should  adopt  a  carefully  prepared  course  of  study, 
to  which  the  electors  may  add  other  branches. 

7.  The  law  does  not  prescribe  clearly  the  several  branches  that  shall  be  taught 
in  the  public  schools,  further  than  to  require  the  teachers  to  be  qualified  to  teach 
certain  branches  enumerated.    It  is  plainly  implied  that  all  those  common  branches 
are  to  be  included  in  every  course  of  study. 

8.  In  the  absence  of  instruction  by  the  electors,  the  board  should  decide  what 
>ranches  in  addition  to  those  in  a  teacher's  examination,  shall  be  taught. 

9.  The  board  of  every  district  has  the  right  to  include  music,  drawing,  or  any 
ler  branch,  in  the  course  of  study. 


36  SCHOOL  LAWS  OF  IOWA. 

the  periods  of  time  during  which  they  have  attended  school,  the  branches 
taught,  and  such  other  matters  as  may  be  required  by  the  county  super- 
intendent. In  case  a  teacher  employed  in  any  of  the  schools  of  the  dis- 
trict township  is  found  to  be  incompetent,  or  is  guilty  of  partiality  or 
dereliction  in  the  discharge  of  his  duties,  or  for  any  other  sufficient 

10.  It  is  the  duty  of  the  teacher,  under  the  direction  of  the  board,  to  determine 
what  branches  can  best  be  pursued  by  each  pupil. 

11.  Without  special  mention  in  the  teacher's  contract,  it  is  understood  that  only 
the  common  branches  and  those  included  in  the  course  of  study  for  the  school  are 
expected  to  be  taught. 

12.  If  it  is  desired  that  higher  arithmetic,  or  any  other  advanced  study,  shall  be 
taught  in  one  or  more  schools  in  the  district,  the  board  should  include  such  branch 
in  the  course  of  study  for  such  school  or  schools. 

13.  It  is  not  within  the  province  of  individual  persons  to  demand  instruction 
outside  the  branches  usually  taught. 

14.  Every  scholar  must  study  physiology  and  hygiene,  including  the  effects  of 
stimulants  and  narcotics,  until  the  outline  iipon  that  branch,  as  prepared  by  the 
board,  has  been  completed. 

15.  It  becomes  the  duty  of  every  teacher  to  follow  the  plan  of  work  indicated 
in  the  course  of  study.     When  difficulties  are  met,  if  no  other  person  has  general 
supervision,  the  matter  may  be  brought  to  the  attention  of  the  board. 

16.  As  regards  classification,  the  board  has  absolute  control.    But  as  the  teacher 
is  by  common  consent  presumed  to  know  what  will  be  best  for  all,  custom  has 
left  to  him  the  making  of  the  program  and  the  placing  of  scholars  in  the  proper 
classes.     In  doing  this,  however,  he  acts  for  the  board,  and  any  complaint  should 
not  be  made  to  the  teacher,  but  to  the  board. 

17.  If  a  scholar  is  found  to  be  so  deficient  in  the  common  branches  that  he  is 
unable  to  take  the  work  in  a  class  more  advanced,  without  detriment  to  the  class 
and  to  himself,  it  is  plain  that  he  may  be  classified  in  each  branch"  where  he  is 
likely  to  receive  the  greatest  good.    The  penalty  for  not    pursuing  a  suitable 
course  of  study  will  be  found  in  the  fact  that  such  scholars  may  be  denied  promo- 
tion, and  may  not  be  allowed  to  graduate. 

18.  In  connection  with  the  course  of   study,  the  board  should  designate    the 
teaching  helps  and  apparatus  to  be  used,  and  should  also  arrange  to  furnish  such 
appliances  as  soon  as  they  are  needed. 

19.  A  conscientious   compliance  with    the    requirements    regarding  visitation 
would  greatly  increase  the  efficiency  of  the  schools.     There  are  very  many  things 
that  may  be  best  ascertained  by  visiting  the  school,  inspecting  the  work  of  the 
pupils,  and  conversing  with  the  teacher.     The  teacher  can  accomplish  the  best 
results  only  when  he  is  sure  of  the  hearty  co-operation  and  support  of  the  board. 

20.  It  is  the  duty  of  every  board  to  see  that  the  teachers  comply  strictly  with 
all  requirements  made  by  the  county  superintendent,  as  well  as  with  all  rules 
made  by  the  board.    S.  L.  Decisions,  135. 

21.  Every  teacher  in  the  county  may  be  required  to  make  such  reports,  agree- 
ing with  the  spirit  of  the  law,  as  the  county  superintendent  may  request,  in  such 
form  and  at  such  reasonable  times  as  the  county  superintendent  may  determine. 

22.  The  continued  refusal  to   comply  with  all  uniform  and  reasonable  regula- 
tions made  by  the  county  superintendent,  or  by  a  board,  on  the  part  of  any  one 
employed  as  teacher,  would  constitute  good  cause  for  revocation  or  subsequent 
refusal  of  certificate,  or  for  dismissal  by  the  board. 


SCHOOL  LAWS  OF  IOWA.  37 

cause  shown,  the  board  of  directors  may,  after  a  full  and  fair  investiga- 
tion of  the  facts  of  the  case,  at  a  meeting  convened  for  the  purpose,  at 
which  the  teacher  shall  be  permitted  to  be  present  and  make  his  defense, 
discharge  him. 

SEC.  1735.     The  majority  of  the  board  in  independent  district^  shall 
have  power,  with  the  concurrence  of  the  president   of  the  board  of 

23.  By  universal  consent,  and  certainly  by  the  spirit  of  our  school  law,  it  is 
expected  of  teachers  that  they  refrain  from  improper  language,  keep  the  Sabbath 
day  with  respect,  and  in  every  other  way  avoid  practices  or  company  that  are 
demoralizing  in  their  tendencies. 

24.  Teachers  are  entitled  to  the  support  and  co-operation  of  the  board.    It  is 
alike  due  to  the  dignity  of  the  board  and  the  rights  of  the  teacher  that  no  one 
should  be  discharged  except  after  thorough  investigation  and  the  clearest  prod f . 
If  possible,  the  teacher  should  be  shielded  from  the  stigma  of  discharge. 

25.  In  the  trial  of  a  teacher,  when  it  is  sought  to  dismiss  him,  all  the  provisions 
of  section  1734  must  be  strictly  complied  with.    The  board  must  allow  the  teacher 
to  make  a  full  defense,  and  the  teacher  may  appear  by  attorney,  or  otherwise,  as 
he  chooses. 

26.  Boards  may  dismiss  teachers  only  for  good  cause  shown.     In  case  the  board 
passes  an  order  to  dismiss,  the  material  reason  therefor  should  be  spread  upon  the 
record,    for,  while  in    case  of   contest,   these  reasons  would  not  be  conclusive 
against  the  teacher,  the  board  would  be  estopped  from  presenting  other  reasons 
than  those  named  in  the  record. 

27.  When  a  teacher  is  unjustly  dismissed,  an  appeal  may  be  taken  from  the 
action  of  the  board  in  dismissing  him,  but  a  suit  at  law  must  be  brought,  if  he 
.seeks  to  recover  his  pay  upon  the  contract.    The  teacher  should  be  paid  only  to 
the  date  of  legal  dismissal.     53  Iowa,  585. 

SEC.  1735.  1.  The  board  will  be  justified  in  refusing  to  permit  the  attendance 
of  a  pupil  whose  parent  will  not  consent  that  he  shall  obey  the  rules  of  the  school. 
50  Iowa,  145. 

2.  The  right  to  attend  school  is  not  absolute,  but  is  conditional  upon  compli- 
ance with  the  rules  and  the  essential  conditions. 

3.  A  board  may  not  adopt  a  rule  which  will  deprive  a  child  of  school  privileges, 
except  as  a  punishment  for  breach  of  discipline  or  an  offense  against  good  morals. 
50  Iowa,  476. 

4.  It  is  competent  for  boards  to  provide  by  rules  that  pupils  may  be  suspended 
from  the  schools  in  case  they  shall  be  absent  or  tardy  a  certain  number  of  times 
within  a  fixed  period,  except  for  sickness  or  other  unavoidable  cause.    31  Iowa,  562. 

5.  The  parent  has  no  right  to  interfere  with  the  order  or  progress  of  the  school 
by  detaining  his  child  at  home,  or  by  sending  him  at  times  that  prove  an  annoy- 
ance or  hindrance  to  others.     31  Iowa,  562. 

6.  If  the  eJHects  of  acts  done  out  of  school  hours  reach  within  the  school  room 
during  school  hours,  and  are  detrimental  to  good  order  and  the  best  interests  of 
the  pupils,  it  is  evident  that  such  acts  may  be  forbidden.     31  Iowa,  562. 

7.  We  believe  our  courts  will  sustain  boards  in  recognizing  flagrant  offenses 
having  a  direct  and  immediate  tendency  to  injure  the  school,  to  bring  contempt 
upon  the  teacher,  or  to  subvert  the  authority  of  the  board,  even  though  such  offenses 
may  be  committed  away  from  the  school  grounds,  and  out  of  school  hours.    And  . 
if  boards  iind  it  necessary  in  their  opinion,  to  adopt  and  enforce  reasonable  regu- 


38  SCHOOL  LAWS  OF  IOWA. 

directors,  to  dismiss  or  suspend  any  pupils  from  the  school  in  their  dis- 
trict for  gross  immorality  or  for  a  persistent  violation  of  the  regulations 
or  rules  of  the  school,  and  to  readmit  them  if  they  deem  proper  so  to  do. 

lations  in  such  cases,  we  believe  their  action  will  not  be  interfered  with  by  the 
courts. 

8.  The  regulations  of  the  state  board  of  health  require  every  person  entering  any 
public  school  to  give  satisfactory  evidence  of  protection  by  vaccination.     Local 
boards  of  health  have  the  power  to  require  protection  in  all  schools,  and  of  all 
children,  or  even  all  persons  within  their  jurisdiction.     It  is  well  established  that 
schools  are  among  the  most  prolific  sources  of  the  spread  of  contagious  diseases. 

9.  The  board  should  exclude  children  coming  from  houses  where  there  are  con- 
tagious diseases,   and    may  also  enforce   a    rule  that   children    not    vaccinated 
shail  be  excluded  until  they  have  complied  with  such  reasonable  regulation. 

10.  The  law  does  not  provide  that  the  board  is  compelled  to  give  scholar  or  par- 
.ents  notice  or  chance  for  defense,  before  ordering  suspension  or  expulsion  of  the 

scholar.  The  board  has  large  discretionary  powers.  This  is  one  of  the  matters 
which  come  wholly  within  its  discretion.  But  it  would  be  well  for  the  board 
carefully  to  investigate  the  charges,  before  dismissing  any  scholar.  S.  L.  Decisions, 
91. 

11.  For  good  cause,  a  teacher  may  suspend  without  fixing  the  time,  notice  being 
also  at  once  given  to  the  board. 

12.  Suspension  is  the  separation  of  the  scholar  from  the  school  for  a  limited 
time,  and  it  may  be  either  for  bad  conduct,  for  absence,  or  as  a  sanitary  measure. 

13.  The  period  of  time  fixed  by  the  board  during  which  suspension  or  expulsion, 
shall  be  in  force,  should  be  clearly  indicated.     Conditions  upon  which  earlier 
readmission  is  provided  for,  may  very  properly  be  given  in  the  same  connection. 

14.  The  true  idea  is  to  bring  all  within  the  salutary  influence  of  the  school,  and 
to  drive  none  out,  but  cases  sometimes  occur  in  which  it  becomes  necessary  for  the 
board  to  protect  the  rights  of  the  many  by  excluding  a  scholar  whose  presence 
and  example  are  a  constant  menace  to  the  successful  progress  of  the  school. 

15.  The  teacher  has  control  over  scholars  during  school  hours,  unless  restricted 
by  a  rule  of  the  board.    He  may  require  a  scholar  to  remain  in  his  seat  during 
recess  as  a  punishment.     However,  it  is  not  wise  to  deprive  children,  to  any  great 
extent,  of  the  exercise  necessary  to  their  physical  well-being. 

16.  A  teacher  may  not  detain  a  scholar  after  school  hours,  against  the  wish  of 
the  parent. 

17.  Teachers  should  exercise  watchful  care  and  oversight  as  regards  the  conduct 
and  habits  of  their  scholars,  not  only  during  school  hours,  recesses  and  intermis- 
sions, but  also  within  reasonable  limits  while  they  are  coming  to  and  returning 
home  from  school. 

18.  The  teacher  is  responsible  for  the  discipline  of  his  school,  and  for  the  prog- 
ress and  deportment  of  his  scholars.     It  is  his  imperative  duty  to  maintain   good 
order  and  require  of  all  a  faithful  performance  of  their  duties.     If  he  fails  to  do 
so  he  is  unfit  for  his  position.     To  enable  him  to  discharge  these  duties  effectually, 
he  must  necessarily  have  the  power  to  enforce  prompt  obedience  to  his  requests. 
For  this  reason  the  law  gives  him  the  power,  in  proper  cases,  to  inflict  punish- 
ment upon  refractory  scholars.    S.  L.  Decisions,  49  and  71. 

19.  In  applying  correction,  the  teacher  must  exercise  sound    discretion  and 
judgment,   and    should  choose  a  kind  of    punishment  adapted  not  only  to  the 


SCHOOL  LAWS  OF  IOWA.  39 

SEC.  1T36.  They  shall  at  their  regular  meeting  in  March  of  each  year 
require  the  secretary  to  file  with  the  county  superintendent,  county 
auditor  and  county  treasurer,  each,  a  certificate  of  the  election,  qualifica- 
tion and  post  office  address  of  the  president,  treasurer,  and  secretary  of 
the  district  township,  and  to  advise  them  from  time  to  time  _of  _any 
changes  made  in  said  offices  by  appointment. 

SEC.  1737.  They  shall  make  such  rules  and  regulations  as  may  be 
necessary  for  the  direction  and  restriction  of  subdirectors  in  the  dis- 
charge of  their  official  duties,  and  not  inconsistent  with  law. 

SEC.  1738.  A  majority  of  the  board  of  directors  shall  be  a  quorum  to 
transact  business, -but  a  less  number  may  adjourn  from  time  to  time,  and 
no  tax  shall  be  levied  by  the  board  after  the  third  Monday  in  May;  nor 
shall  the  boundaries  of  subdistricts  be  changed  except  by  a  vote  of  the 

offense,  but  to  the  offender.     Corporal  punishment  is  a  severe  remedy,  and  its 
use  should  be  reserved  for  the  baser  faults.     S.  L.  Decisions,  48. 
20.     In  50  Iowa,  145,  the  suggestion  is  made  that  expulsion  by  the  board  rather 
than  severe  corporal  punishment  by  the  teacher,  is  a  good  remedy  in  case  of  a 
repeated  violation  of  the  rules. 

SEC.  1736.  It  is  very  important  that  the  secretary  should  file  the  certificate  with 
the  county  officers  named,  immediately  after  the  regular  meeting  of  the  board  in 
March  and  September,  otherwise  funds  belonging  to  the  district  may  be  paid  to 
persons  not  authorized  to  receive  them.  Whenever  a  change  is  made  the  county 
officers  should  be  notified.  Form  15. 

SEC.  1737.  These  rules  should  be  carefully  prepared,  adopted  by  the  board  and 
recorded,  and  each  subdirector  should  be  furnished  with  a  copy.  They  may  prop- 
erly provide  all  restrictions,  not  in  conflict  with  law,  which  the  board  may  see  tit 
to  adopt  for  the  guidance  of  subdirectors.  They  may  direct  that  a  subdirector 
may  not  teach  his  own  school;  that  no  contracts  shall  be  made  by  him  which  do 
not  expire  with  the  school  year;  and  that  he  may  not  engage  as  teacher  a  near  rela- 
tive or  a  connection  unless  he  has  obtained  the  previous  consent  of  a  majority  of 
the  board,  nor  employ  any  teacher  to  whom  a  majority  of  the  electors  or  patrons 
object  in  writing.  Section  1753,  and  notes. 

SEC.  1738.  1.  As  to  the  proper  course  to  pursue  when  the  board  is  reduced 
below  a  quorum,  see  note  9  to  section  1730. 

2.  In  the  absence  of  a  direct  provision  of   law,  or  of  a  by-law  requiring  a 
majority  vote  of  all  the  board,  or  one  providing  that  the  highest  vote  shall  carry, 
or  a  rule  imposing  some  other  limitation  upon  the  board,  a  majority  of  the  votes 
cast,  a  quorum  being  present,  will  carry  a  measure. 

3.  Our  supreme  court  has  held  that  the  provision  of  this  section  that  no  tax 
shall  be  levied  by  the  board  after  the  third  Monday  in  May,  is  mandatory,  and 
that  a  tax  voted  after  that  time  is  void.     73  Iowa,  304.    This  decision  renders  it 
essential  that  boards  act  promptly,  and  see  that  all  taxes  are  determined  and  certi- 
fied within  the  time  required  by  law.     Section  1777. 

4.  A  change  of  subdistrict  boundaries  is  illegal  and  void,  unless  made  by  a 
majority  of  the  whole  board. 

5.  Any  compensation  paid  to  any  other  member  of  the  board  than  the  secretary 
md  treasurer,  for  the  performance  of  official  duties,  is  in  direct  opposition  to  the 
law,  and  an  open  violation  of  the  oath  of  office.     For  locating  sites,  or  receiving 

mildings  on  the  completion  of  contracts,  a  member  clearly  cannot  receive  pay. 


40  SCHOOL  LAWS  Ol   IOWA. 

majority  of  the  board,  nor  shall  the  members  of  the  board,  except  its 
secretary  and  treasurer,  receive  pay  out  of  any  school  funds  for  services 
rendered  under  this  chapter. 

CHAPTER  64,  LAWS  OF  1874. 
INDUSTRIAL  EXPOSITIONS  IN  SCHOOLS. 

SECTION  1.  It  shall  be  the  duty  of  the  board  of  directors  of  independ- 
ent school  districts,  and  the  subdirector  of  each  subdistrict,  if  they  should 
deem  it  expedient,  under  the  direction  of  the  county  superintendent,  to 
introduce  and  maintain  an  industrial  exposition  in  connection  with  each 
school  under  their  control  within  this  state. . 

SEC.  2.  These  expositions  shall  consist  of  useful  articles  made  by  the 
pupils,  such  as  samples  of  sewing,  and  cooking  of  all  kinds,  knitting, 
crocheting,  and  drawing,  iron-  and  wood-work  of  all  kinds,  from  a  plain 
box  or  horseshoe  to  a  house  or  steam  engine  in  miniature;  also,  all  other 
useful  articles  known  to  the  industrial  world,  or  that  may  be  invented  by 
the  pupils,  in  connection  with  farm  and  garden  products  in  their  season, 
that  are  the  results  of  their  own  toil. 

SEC.  3.  The  pupils  shall  be  required  to  explain  the  use  and  method 
of  their  work,  and  kind  and  process  of  culture  of  farm  and  garden  prod- 
ucts. 

SEC.  4.  The  parents  and  friends  of  pupils  shall  be  allowed  and 
requested  to  be  present  at  said  expositions. 

SEC.  5.  Ornamental  work  shall  be  encouraged  when  accompanied  by 
something  useful  made  by  the  same  pupil. 

SEC.  6.  These  expositions  shall  be  held  in  the  school  room  upon  a 
school  day  as  often  as  once  a  term,  and  not  oftener  than  once  a  month. 

CHAPTER  23,  LAWS  OF  1882. 

REQUIRING   BOARDS   TO    SET   TREES    ON    SCHOOL   GROUNDS. 

SECTION  1.  The  board  of  directors  of  each  district  township  and  inde- 
pendent district,  shall  cause  to  be  set  out  and  properly  protected,  twelve 

6.  A  member  may  not  be  employed  by  the  board  to  oversee  the  building  of  a 
school-house  and  receive  pay  therefor,  or  to  act  in  any  like  capacity  for  which  he 
would  be  paid  from  the  funds  of  the  district.    Such  engagement  is  contrary  to 
public  policy  and  clearly  illegal.    78  Iowa,  37. 

7.  The  board  may  receive  and  act  upon  communications  from  persons  selected 
outside  the  board  to  report  upon  matters  referred  to  such  persons  as  a  committee. 

8.  An  official  trust  cannot  be  delegated.    Neither  the  board  nor  any  member 
may  appoint  a  substitute  to  perform  the  official  duties  of  a  member  or  of  the 
board. 

9.  A  vote  may  be  rescinded,  if  matters  have  not  become  involved  making  such 
reconsideration  impossible,  such  as  the  acceptance  of  a  contract  under  the  vote  in 
question,  or  the  filing  of  an  appeal. 


SCHOOL  LAWS  OF  IOWA.  41 

or  more  shade-trees  on  each  school-house  site  belonging  to  the  district, 
where  such  number  of  trees  are  not  now  growing,  and  such  expense  shall 
be  paid  from  the  contingent  fund. 

SEC.  2.  It  shall  be  the  duty  of  the  county  superintendent  in  visiting 
the  several  schools  in  his  county,  to  call  the  attention  of  any  board  of 
directors  neglecting  to  comply  with  the  requirements  of  this  statute,  and 
the  required  number  of  shade-trees  shall  be  planted  as  soon  thereafter  as 
the  season  will  admit. 

SEC.  3.  That  section  1745,  of  the  Code,  be  amended  by  adding  an 
additional  item  at  the  end  of  said  section,  as  follows:  12.  The  number 
of  trees  set  out  and  in  thrifty  condition  on  each  school-house  grounds. 

CHAPTER  149,  LAWS  OF  1882. 
(As  amended  by  Chap.  107,  Laws  of  1886.) 

ENABLING   BOARDS    TO    INSURE    SCHOOL    PROPERTY. 

SECTION  1.  The  board  of  directors  of  all  school  districts,  organized 
under  any  of  the  laws  of  this  state,  may  use  unappropriated  contingent 
funds  for  the  purpose  of  effecting  an  insurance  on  the  school  property  of 
their  district;  but  they  may  contract  no  debts  for  this  purpose. 

CHAPTER  103,  LAWS  OF  1884. 
PROHIBITING  BARB  WIRE  AROUND  SCHOOL-HOUSES. 

SECTION  1.  It  is  hereby  made  the  duty  of  the  board  of  directors  of 
every  independent  district  and  of  every  district  township,  to  remove 
before  the  first  day  of  September,  A.  D.  1884,  any  barb  wire  fence  enclos- 
ing in  whole  or  part  any  public  school  grounds  in  such  district,  and  it  is 
also  made  the  duty  of  any  person  owning  or  controlling  any  barbed  wire 
fence  within  ten  feet  of  any  public  school  grounds  to  remove  the  same 
within  the  time  herein  above  named. 

SEC.  2.  Hereafter  barb  wire  shall  not  be  used  in  enclosing  in  whole 
or  in  part  any  public  school  building  or  the  grounds  upon  which  the 
same  may  stand;  and  no  barbed  wire  shall  be  used  for  a  fence  or  other 
purpose  within  ten  feet  of  any  public  school  ground. 

SEC.  3.  For  a  failure  or  neglect  on  the  part  of  any  board  of  directors 
of  any  independent  district,  or  of  any  district  township  to  carry  out  the 
provisions  of  this  act,  any  member  of  such  board  shall  be  fined,  on  con- 
viction, not  exceeding  twenty-five  dollars,  any  person  violating  the  pro- 
visions of  this  act  shall,  on  conviction  thereof,  be  fined  not  exceeding 
twenty-five  dollars. 


42  SCHOOL  LAWS  OF  IOWA. 

CHAPTER  1,  LAWS  OF  1886. 
TEACHING  AND  STUDY  OF  EFFECTS  OF  ALCOHOL  AND  STIMULANTS  UPON  THE 

HUMAN  SYSTEM. 

SECTION  1.  Physiology  and  hygiene,  which  must  in  each  division  of 
the  subject  thereof  include  special  reference  to  the  effects  of  alcoholic 
drinks,  stimulants  and  narcotics  upon  the  human  system,  shall  be  included 
in  the  branches  of  study  now  and  hereafter  required  to  be  regularly 
taught  to  and  studied  by  all  pupils  in  common  schools  and  in  all  normal 
institutes,  and  normal  and  industrial  schools,  and  the  schools  at  the 
soldiers'  orphans'  home  and  home  for  indigent  children. 

SEC.  2.  It  shall  be  the  duty  of  all  boards  of  directors  of  schools  and 
of  boards  of  trustees,  and  of  county  superintendents  in  the  case  of  nor- 
mal institutes,  to  see  to  the  observance  of  this  statute  and  make  pro- 
vision therefor  and  it  is  especially  enjoined  on  the  county  superintendent 
of  each  county  that  he  include  in  his  report  to  the  superintendent  of 
public  instruction  the  manner  and  extent  to  which  the  requirements  of 

CHAPTER   1,   LAWS   OF   1886. 

SECTION  1.  1.  The  words  regularly  taught  are  construed  to  mean,  as  other 
branches  are  taught.  They  do  not  mean  that  a  scholar  must  necessarily  study  this 
branch  continuously  during  his  entire  school  life,  unless  the  course  of  study  adopted 
by  the  board  so  provides. 

2.  This  study  must  begin  in  the  lowest  primary  class.     In  what  grade  or  class  it 
shall  be  completed  is  to  be  determined  by  the  board. 

3.  Primary  classes  must  be  instructed  orally,  as  the  children  are  not  old  enough 
to  use  or  comprehend  a  book.     But  this  oral  instruction  must  be  outlined  as  a 
course,  and  adopted  by  each  board. 

4.  The  portion  assigned  to  each  grade  or  class  should  be  thoroughly  mastered 
before  more  advanced  work  is  entered  upon. 

5.  The  work  will  be  best  accomplished  with  the  older  scholars  by  the  use  of  a 
suitable  text-book,  which-it  is  the  duty  of  every  board  to  select  and  adopt. 

6.  The  board  may  forbid  the  use  of  tobacco  on  the  school  grounds. 

7.  Teachers  should  be  careful  to  give  instruction  in  accordance  with  the  spirit 
of  the  law.    The  law  contemplates  that  the  effects  upon  the  system  of  the  user  of 
alcoholic  drinks,  stimulants  and  narcotics,  shall  be  taught.    Many  other  harmful 
effects,  very  properly  emphasized  in  public  lectures,  are  not  required  to  be  taught 
in  the  class-room.     It  is  not  out  of  place  to  emphasize  the  truth  that  total  abstinence 
is  the  only  sure  way  to  escape  the  evils  arising  from  the  use  of  alcoholic  drinks 
and  tobacco. 

SEC.  2.  1.  Boards  cannot  shift  the  responsibility  by  simply  providing  that 
teachers  shall  give  instruction  in  this  branch,  They  must  see  to  it  that  the  work 
is  actually  done  by  the  teachers,  as  the  law  requires. 

2.  In  normal  institutes,  efficient  and  earnest  instructors  should  be  employed. 
Charts  and  other  appliances  should  be  amply  provided.  Physicians  and  scientists 
may  be  invited  to  lecture,  and  teachers  should  be  exhorted  to  be  sincere,  fearless, 
and  faithful  in  the  discharge  of  their  duty. 


SCHOOL  LAWS  OF  IOWA.  43 

section  one  of  this  act  are  complied  with  in  "the  schools  and  institutes 
under  his  charge,  and  the  secretary  of  school  boards  in  cities  and  towns 
is  especially  charged  with  the  duty  of  reporting  to  the  superintendent  of 
public  instruction  as  to  the  observance  of  said  section  one  hereof,  in  their 
respective  town  and  city  schools,  and  only  such  schools  and  educational 
institutions  reporting  compliance,  as  above  required,  shall  receive  the 
proportion  of  school  funds  or  allowance  of  public  money  to  which  they 
would  be  otherwise  entitled. 

SEC.  3.  The  county  superintendent  shall  not  after  the  1st  day  of  July, 
1887,  issue  a  certificate  to  any  person  who  has  not  passed  a  satisfactory 
examination  in  physiology  and  hygiene  with  especial  reference  to  the 
effects  of  alcoholic  drinks,  stimulants  and  narcotics  upon  the  human 
system,  and  it  shall  be  the  duty  of  the  county  superintendent  as  pro- 
vided by  section  1771,  to  revoke  the  certificate  of  any  teacher  required 
by  law  to  have  a  certificate  of  qualification  from  the  county  superintend- 
ent, if  the  said  teacher  shall  fail  or  neglect  to  comply  with  section  one  of 
this  act,  and  said  teacher  shall  be  disqualified  for  teaching  in  any  public 
school  for  one  year  after  such  revocation,  and  shall  not  be  permitted  to 
teach  without  compliance. 

PRESIDENT. 

SECTION  1739.  (As  amended  by  Chap.  46,  Laws  of  1882.)  The  presi- 
dent shall  preside  at  all  meetings  of  the  board  of  directors  of  independent 
districts  and  of  the  district  townships,  shall  draw  all  drafts  on  the  county 
treasury  for  money  apportioned  to  his  district,  sign  all  orders  on  the 
treasury,  specifying  in  each  order  the  fund  on  which  it  is  drawn  and  the 

3.  Every  scholar  must  study  physiology  and  hygiene,  including  the  effects  of 
stimulants  and  narcotics,  until  the  outline  upon  that  branch,  as  prepared  by  the 
board,  has  been  completed. 

4.  Blanks  will  be  furnished  to  school  officers,  from  time  to  time,  to  enable  them 
to  make  the  reports  required  by  this  chapter. 

SEC.  3.  1.  To  teach  a  special  branch,  a  person  may  receive  a  certificate  for  that 
study  only,  and  is  not  required  also  to  be  examined  as  herein  provided  for  teachers 
in  general. 

2.  County  superintendents  should  know  that  every  teacher  is  complying  fully 
with  this  statute,  and  any  teacher  failing  or  refusing  to  teach  as  required,  should 
not  be  permitted  to  continue  in  the  work  of  teaching. 

SEC.  1739.  1.  The  president  of  the  board  must  take  the  oath  of  office  accord- 
ing to  article  11,  section  5,  of  the  constitution  of  Iowa. 

2.  There  is  no  provision  of  law  which  gives  any  other  member  or  officer  of  the 
board  the  power  to  administer  the  oath  of  office  to  the  president  elect. 

3.  The  president  has  the  right  to  vote  on  all  questions  coming  before  the  board. 
If  by  such  vote  a  tie  is  produced,  the  motion  is  lost.    Sections  1721  and  1802. 

4.  An  order  on  the  district  treasury  may  not  be  signed  except  by  authority  of 
the  board.     Sections  1733  and  notes,  and  notes  4  and  5  to  section  1743. 


44  SCHOOL  LAWS  OF   IOWA. 

use  for  which  the  money  is  appropriated,  and  shall  sign  all  contracts 
made  by  the  board,  and  shall  be  empowered  to  administer  the  oath  of 
office  to  the  secretary,  treasurer,  and  members  of  the  board. 

SEC.  1740.  He  shall  appear  in  behalf  of  his  district  in  all  suits 
brought  by  or  against  the  same,  but  when  he  is  individually  a  party,  this 
duty  shall  be  performed  by  the  secretary;  and  in  all  cases  where  suits 
may  be  instituted  by  or  against  any  of  the  school  officers  to  enforce  any 
of  the  provisions  herein  contained,  counsel  may  be  employed  by  the 
board  of  directors. 

SECKETAKY. 

SECTION  1741.  The  secretary  shall  record  all  the  proceedings  of  the 
board  and  district  meetings  in  separate  books  kept  for  that  purpose;  shall 
preserve  copies  of  all  reports  made  to  the  county  superintendent;  shall 
file  all  papers  transmitted  to  him  pertaining  to  the  business  of  the  district; 

5.  It  is  an  advantage  for  the  secretary  to  hold  the  order  book,  for  by  this 
means  he  can  better  keep  his  records,   make  the  transcript  to  the  treasurer  of 
orders  drawn,  and  more  easily  make  his  fin-al  report  to  the  board  in  September. 

6.  The  president  may  not  act  as  secretary  or  treasurer  of  the  board. 

7.  To  be  valid,  an  order  must  express  upon  its  face  the  fund  on  which  it  is 
drawn,  and  name  the  purpose  for  which  it  was  issued.     52  Iowa,  287. 

8.  An  order  of  the  board  cannot  be  considered  as  officially  transmitted,  unless 
signed  by  the  president,  as  well  as  by  the  secretary. 

9.  The  failure  of  an  officer  to  attach  his  official  title  to  his  signature,  will  not 
affect  the  instrument  so  far  as  the  district  is  concerned,  provided  the  writing  was 
authorized,  and  made  for  the  district,  and  this  fact  can  be  shown.    Iowa  Reports, 
7,  509;  11,  82. 

10.  Unless  the  fact  that  official  approval  was  authorized  can  be  shown,  personal 
liability  may  follow.     59  Iowa,  696. 

11.  The  president  may  be  compelled  by  mandamus  to  give  his  approval  of  a 
contract  made  in  accordance  with  a  vote  of  the  board.     56  Iowa,  578. 

12.  In  the  absence  of  the  president,  or  when  he  is  unwilling  to  discharge  the 
duties  of   his  office,  a  temporary   president  may  be  appointed,  who  during  the 
time  he  is  acting  as  president,  may  sign  orders  and  contracts  and  do  all  other 
acts  proper  to  be  done  by  the  president,  but  is  not  authorized  to  act  except  when 
the  board  is  in  session. 

SEC.  1740.  1.  The  expenses  in  suits  provided  for  by  this  section  should  be 
paid  from  the  contingent  fund. 

2.  Appeals  to  the  county  superintendent  or  superintendent  of  public  instruction, 
are  not  suits  brought  by  or  against  the  district,  nor  are  they  suits  brought  by  or 
against  any  of  the  school  officers,  within  the  meaning  of  the  law,  and  no  charge 
can  be  made  against  the  district  for  attorney  fees.  86  Iowa,  411. 

SEC.  1741.  1.  It  is  essential  that  the  record  of  the  proceedings  of  the  board 
and  district  meetings  should  be  properly  kept.  Every  transaction  should  be  care- 
fully noted,  and  the  proceedings  read  and  approved. 

2.  The  minutes  of  a  meeting,  as  recorded  at  the  time  by  the  secretary,  must 
be  regarded  the  best  evidence  as  to  the  understanding  the  board  had  of  a  subject, 
at  the  time  the  question  was  voted  upon.  S.  L.  Decisions,  72  and  78. 


SCHOOL  LAWS  OF  IOWA.  45 

shall  countersign  all  drafts  and  orders  drawn  by  the  president,  and  shall 
keep  a  register  of  all  orders  drawn  on  the  treasury,  showing  the  number 
of  the  order,  date,  name  of  the  person  in  whose  favor  drawn,  the  fund 
on  which  it  is  drawn,  for  what  purpose  and  the  amount;  and  shall,  from 
time  to  time,  furnish  the  treasurer  with  a  transcript  of  the  same. 

SEC.  1742.  He  shall  give  ten  days'  previous  notice  of  the  district 
township  meeting  by  posting  a  written  notice  in  five  conspicuous  places 
therein,  one  of  which  shall  be  at  or  near  the  last  place  of  meeting,  and 
shall  furnish  a  copy  of  the  same  to  the  teacher  of  each  school  in  session, 
to  be  read  in  the  presence  of  the  pupils  thereof,  and  such  notice  shall, 
in  all  cases,  state  the  hour  of  meeting. 

SEC.  1743.  He  shall  keep  an  accurate  account  of  all  the  expenses  in- 
curred by  the  district,  and  shall  present  the  same  to  the  board  of  direct- 
ors, to  be  audited  and  paid  as  herein  provided. 

3.  The  failure  of  the  secretary  to  record  all  the  proceedings  of  the  board  and 
of  the  district  meetings  in  separate  books,  kept  for  that  purpose,  will  not  render 
the  proceedings  void.    8  Iowa,  298. 

4.  Public  records  are  public  property,  and  are  open  to  inspection  at  proper 
times  by  any  citizen.     No  public  officer  may  refuse  examination  of  the  records; 
but  as  he  is  their  custodian,  and  is  charged  with  their  safe-keeping,  he  must  keep 
them  in  his  possession. 

5.  Every  officer  having  the  custody  of  a  public  record  or  writing  is  bound  to 
give  any  person,  on  demand,  a  certified  copy  thereof  on  payment  of  the  legal  fees 
therefor.     Section  3706,  Code. 

6.  The  secretary  is  the  custodian  of  the  order  book.     He  fills  out  the  orders 
which  the  president  afterward  signs. 

7.  School  orders  should  not  be  drawn  payable  on  time,  nor  should  any  mention 
regarding  interest  be  in  the  order. 

8.  The  secretary  may  not  act  as  president  or  treasurer  of  the  board. 

9.  As  the  secretary  is  the  clerical  officer  of  the  board,  and  cares  for  the  records 
of  the  district,  we  think  he  should  act  as  librarian  unless  the  board  selects  some 
other  person. 

10.  The  registry  of  orders  is  an  important  matter.  Every  order  drawn  should 
be  promptly  reported  to  the  district  treasurer,  as  he  has  no  other  means  of  deter- 
mining the  amount  of  outstanding  orders,  and  otherwise  cannot  comply  with 
the  law  requiring  him  to  make  partial  payments.  Section  1748  and  form  20. 

SEC.  1742.  The  statutory  mode  of  computing  time  excludes  the  day  on  which 
the  notice  is  posted,  and'  includes  the  day  of  meeting.  Subdivision  23  of  section 
45,  Code,  also  61  Iowa,  303.  Form  21. 

SEC.  1743.  1.  The  secretary  is  also  required  by  section  1782  to  keep  an  account 
current  with  the  district  treasurer. 

2.  A  large  amount  of  labor  devolves  upon  the  secretary.     The  fidelity  and 
promptness  with  which  he  attends  to  his  duties  make  his  assistance  very  valuable 
to  the  board  and  the  district,  and  determine,  in  a  large  degree,  the  accuracy  and 
completeness  of  his  annual  report  to  the  board  and  to  the  county  superintendent. 

3.  If  a  school  officer  habitually  or  wilfully  neglects  his  duty,  and  the  public 
good  suffers  by  such  negligence,  a  court  may  compel  him  to  attend  to  the  neces- 
sary duties  of  his  office  or  to  resign.     50  Iowa,  648. 


46  SCHOOL  LAWS  OF  IOWA. 

SEC.  1744.  He  shall  notify  the  county  superintendent  when  each 
school  of  the  district  begins,  and  its  length  of  term. 

SEC.  1745.  (As  amended  by  Chap.  112,  Laws  of  1876,  and  Chap.  23, 
Laws  of  1882.)  Between  the  fifteenth  and  twentieth  days  of  September, 
in  each  year,  the  secretary  of  each  school  district  shall  file  with  the 
county  superintendent  a  report  of  the  affairs  of  the  district,  which  shall 
contain  the  following  items: 

1.  The  number   of  persons,  male  and  female,  each  in  his  district, 
between  the  ages  of  five  and  twenty-one  years; 

2.  The  number  of  schools,  and  the  branches  taught; 

3.  The  number  of  pupils,  and  the  average  attendance  of  the  same  in 
each  school; 

4.  The  number  of  teachers  employed,  and  the  average  compensation 
paid  per  week,  distinguishing  males  from  females; 

5.  The  length  of  school  in  days  and  the  average  cost  of  tuition  per 
week  for  each  pupil; 

6.  The  text-books  used,  and  the  number  of  volumes  in  the  district 
library,  and  the  value  of  apparatus  belonging  to  the  district; 

7.  The  number  of  school-houses,  and  their  estimated  value; 

4.  The  secretary,  president,  and  treasurer  must  conform  to  the  instructions  of 
the  board  as  far  as  those  directions  are  in  accordance  with  law,  but  they  should 
not  obey  the  board  when  ordered  to  do  an  illegal  act. 

5.  If  the  board  appropriates  money  to  pay  the  members,  other  than  the  secre- 
tary and  treasurer,  or  for  any  other  illegal  purpose,  the  president  and  secretary 
should  decline  to  |  sign  the  order,  and,  if  drawn,  the  treasurer  should  refuse  to 
pay  it. 

SEC.  1744.  The  name  of  the  teacher  should  be  given,  and  any  other  informa- 
tion which  will  aid  the  county  superintendent  in  planning  his  work  of  visitation, 
provided  for  in  section  1774. 

SEC.  1745.  1.  The  blanks  for  the  annual  report  of  the  secretary  are  furnished 
by  the  state,  through  county  superintendents.  The  secretary  should  copy  the 
report  required  by  this  section,  in  the  district  records.  If  the  original  report  is 
filed  in  his  office,  it  is  liable  to  be  destroyed  or  mislaid,  which  may  prove  detri- 
mental to  the  interests  of  the  district.  Form  22. 

2.  The  law  intends  that  no  part  of  the  enumeration  shall  be  taken  before  the 
first  day  of  September. 

3.  In  independent  districts,  it  is  the  duty  of  the  secretary  to  take  the  annual 
school  enumeration  required  by  the  first  clause  of  this  section,  unless  the  board 
assigns  the  duty  to  another  person.     In  any  case  proper    extra  compensation 
should  be  given  for  the  \\  ork  required,  if  the  district  is  a  large  one. 

4.  In  districts  formed  of  parts  of  two  or  more  counties,  the  secretary  should 
make  the  annual  report  to  the  county  superintendent  of  the  county  in  which  a 
majority  of  the  children  reside.     This  report  should  not  include  those  children 
who  reside  in  portions  of  the  district  lying  in  other  counties.    The  remaining 
number  of  children  should  be  reported  by  the  secretary  to  the  superintendents  of 
their  respective  counties. 

t  5.    Every  person  between  five  and  twenty-one  should  be  enumerated  where  he 
resides.    A  child  in  one  of  the  charitable  or  reformatory  institutions  temporarily, 


r 


SCHOOL  LAWS  OF  IOWA.  47 

8.  The  name,  age,  and  post  office  address  of  each  deaf  and  dumb, 
and  each  blind  person  within  his  district  between  the  ages  of  five  and 
twenty-one,  including  all  who  are  deaf  and  dumb  to  such  an  extent  as  to 
be  unable  to  obtain  an  education  in  the  common  schools;  the  number  of 
trees  set  out  and  in  thrifty  condition  on  each  school-house  grounds. 

SEC.  1746.  Should  the  secretary  fail  to  file  his  report,  as~above 
directed,  he  shall  forfeit  the  sum  of  twenty-five  dollars  and  shall  make 
good  all  losses  resulting  from  such  failure,  and  suit  shall  be  brought  in 
both  cases  by  the  district  on  his  official  bond. 

TREASURER. 

SECTION  1747.  The  treasurer  shall  hold  all  moneys  belonging  to  the 
district,  and  pay  out  the  same  on  the  order  of  the  president,  counter- 
signed by  the  secretary,  and  shall  keep  a  correct  account  of  all  expenses 
and  receipts  in  a  book  provided  for  that  purpose. 

and  whose  parents  reside  in  another  part  of  the  state,  or  in  another  school  dis- 
trict, is  a  resident  of  the  district  in  which  his  parents  reside,  and  should  be 
enumerated  there.  If  in  the  institution  to  remain  permanently,  having  no  par- 
ents or  guardian,  his  residence  is  in  the  district  in  which  the  institution  is  located, 
and  he  should  be  enumerated  therein. 

SEC.  1746.  In  case  a  subdirector  fails  to  make  his  annual  report  as  required  by 
section  1755,  the  secretary  should  at  once  collect  the  statistics  necessary  for  a  com- 
plete report.  Boards  should  insist  on  promptness  in  sending  this  report,  and 
then  should  give  the  secretary  a  suitable  compensation  for  his  labors.  Section 
1733. 

SEC.  1747.  1.  The  language  of  this  section  is  very  explicit.  It  makes  the 
treasurer  the  custodian  of  all  moneys  belonging  to  the  district,  which  effectually 
precludes  the  idea  of  dividing  the  money  belonging  to  any  particular  fund  among 
the  subclistricts.  8.  L.  Decisions,  40. 

2.  The  treasurer  may  pay  out  the  funds  only  on  the  order  of  the  president, 
countersigned  by  the  secretary,  and  the  president  may  not  sign  an  order  unless  he 
is  authorized  to  do  so  by  the  board.     Section  1733,  and  notes  to  same,  also  section 
1743,  notes  4  and  5. 

3.  In  making  payment,  one  order  may  not  be  given  precedence  before  another. 
40  Iowa,  620. 

4.  Neither  the  electors  nor  the  board  may  authorize  the  treasurer  to  loan 
money  belonging  to  the  district.     Section  3908,  quoted  in  note  8  below.    Note  7  to 
section  1717. 

5.  The  treasurer  is  responsible  for  all  moneys  coming  into  his  hands  by  virtue 
of  his  office,  even  if  stolen  or  destroyed  by  fire.    The  board  has  no  authority  to 
release  him,  unless  he  accounts  in  full  for  all  moneys  received  by  virtue  of  his 
office.    Iowa  Reports,  37,  550;  39,  9;  40,  130. 

6.  Having  the  consent  of  his  bondsmen,  the  treasurer  may  deposit  the  money 
in  some  safe  and  secure   bank.     The  treasurer  and  his  bondsmen  are  as  fully 
responsible  as  they  would  be  if  all  the  business  was  transacted  by  the  treasurer  in 
person. 

7.  When  the  incumbent  of    an  office  is  re-elected,  he  shall  qualify  as  above 
irected;  but  when  the  re-elected  officer  has  had  public  funds  or  property  in  his 


48  SCHOOL  LAWS  OF  IOWA. 

SEC.  1748.  The  money  collected  by  district  tax  for  the  erection  of 
school-houses  and  for  the  payment  of  debts  contracted  for  the  same, 
shall  be  called  the  school-house  fund;  that  designed  for  rent,  fuel, 
repairs,  and  all  other  contingent  expenses  necessary  for  keeping  the 
schools  in  operation,  the  contingent  fund;  and  that  received  for  the  pay- 
ment of  teachers,  the  teachers'  fund;  and  the  district  treasurer  shall  keep 
with  each  fund  a  separate  account,  and  shall  pay  no  order  which  does 

control,  under  color  of  his  office,  his  bond  shall  not  be  approved  until  he  has  pro- 
duced and  fully  accounted  for  such  funds  and  property  to  the  proper  person  to 
whom  he  should  account  therefor;  and  the  officer  or  board  approving  the  bond 
shall  indorse  upon  the  bond,  before  its  approval,  the  fact  that  the  said  officer  has 
fully  accounted  for  and  produced  all  funds  and  property  before  that  time  under 
his  control  as  such  officer;  and  when  it  is  ascertained  that  the  incumbent  holds 
over  another  term  by  reason  of  the  nonelection  of  a  successor,  or  for  the  neglect 
or  refusal  of  the  successor  to  qualify,  he  shall  quality  anew  within  a  time  to  be 
fixed  by  the  officer  who  approves  of  the  bonds  of  such  officers.  Section  690,  Code. 

8.  If  any  state,  county,  township,  school  or  municipal  officer,  or  officer  of  any 
state  institution,  or  other  public  officer  within  the  state,  charged  with  the  col- 
lection, safe-keeping,  transfer,  or  disbursement  of  public  money,  fails  or  refuses 
to  keep  in  any  place  of  deposit  that  may  be  provided  by  law  for  keeping  such 
money,  until  the  same  is  withdrawn  therefrom  upon  warrants  issued  by  the  proper 
officer,  or  deposits  such  money  in  any  other  place  than  in  such  safe,  or  unlawfully 
converts  to  his  own  use  in  any  way  whatever,  or  use  by  way  of  investment  in  any 
kind  of  property,  or  loan  without  the  authority  of  law  any  portion  of  the  public 
money  entrusted  to  him  for  collection,  safe-keeping,  transfer,  or  disbursement,  or 
converts  to  his  own  use  any  money  that  may  come  into  his  hands  by  virtue  of  his 
office,  shall  &e  guilty  of  embezzlement  to  the  amount  of  so  much  of  said  money 
as  is  thus  taken,  converted,  invested,  used,  loaned,  or  unaccounted  for,  and  upon 
conviction  thereof  he  shall  be  imprisoned  in  the  penitentiary  not  exceeding  five 
years,  and  fined  in  a  sum  equal  to  the  amount  of  money  embezzled,  and,  more- 
over, is  forever  after  disqualified  from  holding  any  office  under  the  laws  or  con- 
stitution of  this  state.  Section  3908,  Code. 

SEC.  1748.  1.  Minor  improvements,  such  as  the  erection  of  ordinary  out-houses, 
fences,  and  the  like,  may  be  paid  for  from  either  the  contingent  or  school-house 
fund. 

2.  Ordinary  repairs  should  be  charged  to  the  contingent  fund;  but  when  such 
repairs  assume  the  magnitude  of  a  rebuilding,  or  of  an  extensive  addition,  they 
should  be  charged  to  the  school-house  fund. 

3.  Any  unappropriated  school-house  fund  in  the  district  treasury  may  be  used 
for  the  erection  or  repair  of  school-houses,  at  the  discretion  of  the  board,  without 
action  of  the  electors. 

4.  The  cost  of  seating  new  school-houses  should  be  paid  from  the  school-house 
fund.    The  law  does  not  authorize  the  use  of  the  contingent  fund  for  the  erection 
or  completion  of  school-houses,  but  when  a  house  needs  reseating  or  other  repairs, 
the  cost  may  be  defrayed  either  from  the  contingent  fund,  or  from  any  unappro- 
priated school-house  fund  in  the  treasury.     25  Iowa,  436. 

5.  The  term,  school  furniture,  as  generally  used  in  our  state,  means  school  desks, 
table,  chairs  and  such  similar  articles  as  are  closely  related  to  making  the  school- 
house  more  suitable  for  its  use  as  a  school-house;  school  apparatus  has  been  under- 
stood to  include  the  articles  mentioned  in  section  1729,  or  such  similar  articles 


SCHOOL  LAWS  OF  IOWA.  49 

not  specify  the  fund  on  which  it  is  drawn,  and  the  specific  use  to  which 
it  is  applied.  If  he  have  not  sufficient  funds  in  his  hands  to  pay  in  full 
the  warrants  drawn  on  the  funds  specified,  he  shall  make  a  partial  pay- 
ment thereon,  paying  as  near  as  may  be  an  equal  proportion  of  each 
warrant. 

SEC.  1749.  lie  shall  receive  all  moneys  apportioned  to  the-di&trict 
township  by  the  county  auditor,  and  also  all  money  collected  by  the 
county  treasurer  on  the  district  school  tax  levied  for  his  district. 

SEC.  1750.  He  shall  register  all  orders  on  the  district  treasury 
reported  to  him  by  the  secretary,  showing  the  number  of  the  order,  date,, 
name  of  the  person  in  whose  .favor  drawn,  the  fund  on  which  it  is- 
drawn,  for  what  purpose,  and  the  amount. 

SEC.  1751.  (As  amended  by  Chap.  112,  Laws  of  1876.)  He  shall 
render  a  statement  of  the  finances  of  the  district  from  time  to  time,  as 

as  would  clearly  come  under  the  same  designation  for  use  in  the  schools  for  the 
purposes  of  instruction. 

6.  As  the  members  of  the  board  receive  no  pay  for  their  services,  if  boards  sub- 
scribe for  a  copy  of  any  journal  containing  the  official  rulings  and  decisions  of 
this  department  to  aid  them  in  their  work,  they  have  the  right  to  pay  for  the  same 
from  the  contingent  fund. 

7.  Boards  have  no  authority  to  transfer  money  from  one  fund  to  another,  even 
temporarily,  unless  they  are  authorized  under  section  1717,  subsection  4,  to  trans- 
fer school-house  fund  to  either  of  the  other  funds.     Notes  to  section  1785. 

8.  The  teachers'  fund  should  not  be  divided  among  the  subdistricts,  equally, 
according  to  the  number  of  children,  or  upon  any  other  basis.    This  fund  can  be 
paid  out  only  to  teachers  for  services  performed,  upon  orders  authorized  by  the 
board. 

9.  The  board  should  grant  a  compensation  to.be  paid  the  teacher  according  to 
the  circumstances  and  requirements  of   each  school.     But  the  regular  schools  of 
the  district  should  be  kept  in  session  an  equal  number  of  months. 

10.  Chapter  140,  laws  of  1882,  as  amended,  confers  upon  all  boards  the  right  to 
insure  property.  This  duty  should  not  be  neglected. 

SEC.  1750.  1.  It  is  essential  that  the  treasurer  should  know  the  exact  amount 
of  outstanding  orders,  and  for  this  reason  the  secretary  is  required  to  report  to 
him  all  orders  drawn  on  the  district  treasury.  Section  1741,  note  10,  and  form  20. 

2.  The  register  provided  for  in  this  section  is  indispensable  to  the  treasurer, 
under  the  law  requiring  him  to  make  partial  payments  on  orders  when  he  has 
not  funds  sufficient  to  pay  them  in  full.    Section  1748. 

3.  The  treasurer  may  rightly  object  to  paying  an  order  that  is  defective  in  any 
)f  the  particulars  named.    It  is  especially  essential  that  the  purpose  for  which 
;he  order4 was  given  shall  be  written  in  the  order,  and  also  on  the  stub  in  the  order 

>ok. 

SEC.  1751.  1.  The  blanks  for  the  annual  report  of  the  treasurer  are  furnished 
>y  the  state,  through  county  superintendents.  The  report  should  be  made 

^cording  to  form  24. 

2.     Treasurers  should  take  pains  to  mail  a  copy  of  this  report  at  once  to  the 

mnty  superintendent,  as  only  by  timely  attention  on  the  part  of  treasurers,  can 
;he  county  superintendent  compile  and  forward  his  annual  report  to  the  superin- 


50  SCHOOL  LAWS  OF  IOWA. 

may  bo  required  by  the  board  of  directors,  and  his  books  shall  always  be 
open  for  inspection .  He  shall  make  to  the  board,  on  the  third  Monday 
in  September,  a  full  and  complete  annual  report,  embracing: 

1.  The  amount  of  teachers'  fund  helcl  over,  received,  paid  out,  and 
on  hand. 

2.  The  amount  of  contingent  fund  held  over,  received,  paid  out,  and 
on  hand. 

3.  The  amount  of  school-house  fund  held  over,  received,  paid  out, 
and  on  hand. 

He  shall  immediately  file  a  copy  of  said  report  with  the  county  super- 
intendent, and  for  failure  to  file  said  report  he  shall  forfeit  the  sum  of 
twenty-five  dollars,  to  be  recovered  by  suit  brought  by  the  district,  on  his 
official  bond. 

SUBDIRECTOR. 

CHAPTER  20,  LAWS  OF  1892. 
TERM  OF  OFFICE. 

SECTION  1.  At  the  regular  meeting  of  the  board  of  directors  of  district 
townships  in  September,  1892,  the  board  of  directors  shall  specify  what 
subdistricts,  at  the  subdistrict  election  following  in  March,  shall  elect 
subdirectors  for  one  year,  two  years,  and  three  years,  respectively,  mak- 
ing the  three  classes  as  nearly  equal  as  possible. 

SEO.  2.  After  this  election  in  March,  all  subdirectors  shall  be  elected 
and  hold  office  for  a  term  of  three  years. 

SEC.  3.  All  acts  or  parts  of  acts  inconsistent  with  the  provisions  of 
this  act  are  hereby  repealed. 

tendent  of  public  instruction,  on  the  first  Tuesday  in  October.  Sections  1772  and 
1773. 

3.  Not  even  the  electors  of  the  district  may  release  the  treasurer  and  his  bonds- 
men from  their  absolute  liability  for  all  funds.    59  Iowa,  50. 

4.  The  sureties  on  an  official  bond  cannot  be  held  after  the  lapse  of  three 
years.    Section  2529,  Code. 

5.  In  making  settlement,  the  board  may  submit  a  difference  with  the  treasurer, 
to  arbitration.    70  Iowa,  65. 

CHAPTER  20,   LAWS   OF    1892. 

The  requirements  of  this  chapter  are  very  plainly  expressed.  It  is  believed  this 
change  in  the  term  of  office  of  subdirectors  may  be  made  one  of  the  most  beneficial 
.features  of  our  school  system.  It  now  remains  for  the  people  to  exercise  their 
best  judgment  in  the  selection  of  those  who  are  for  a  term  of  years  to  care  for  the 
interests  and  welfare  of  the  district.  In  each  subdistrict  the  wisest  and  most  com- 
petent person  should  be  elected  subdirector,  and  if  efficient,  should  be  continued 
in  office  by  re-election.  Note  7  to  section  1719. 


SCHOOL  LAWS  OF  IOWA.  51 

SECTION  1752.  (As  amended  by  Chap.  19,  Laws  of  1892.)  Each  sub- 
director  ahull,  <>n  or  before  the  third  Monday  in  March  following  his 
election,  appear  before  some  officer  qualified  to  administer  oaths,  and 
take  an  oath  to  support  the  constitution  of  the  United  States,  and  that 
of  the  state  of  Iowa,  and  that  he  will  faithfully  discharge  the  duties  of 
his  office,  and  in  case  of  failure  to  qualify,  or  the  district  fails  to-aleet, 
the  board  shall  fill  the  office  by  appointment. 

SEC.  1753.  The  subdirector,  under  such  rules  and  restrictions  as  the 
board  of  directors  may  prescribe,  shall  negotiate  and  make  in  his  sub- 
district  all  necessary  contracts  for  providing  fuel  for  schools,  employing 
teachers,  repairing  and  furnishing  school-houses,  and  for  making  all 
other  provisions  necessary  for  the  convenience  and  prosperity  of  the 
.schools  within  his  subdistrict,  and  he  shall  have  the  control  and  manage- 

SEC.  1752.  1.  Any  school  director  or  director  elect  is  authorized  to  administer 
to  a  school  director  elect  the  ollieial  oath  inquired  by  hiw,  but  the  secretary  can- 
not administer  this  oath  unless  he  is  a  member  of  the  board,  or  is  one  of  the 
many  ollicers  empowered  by  law  to  administer  oaths. 

2.  A  director  elect  may  take  the  oath  of  qualification  at  any  time  between  the 
day  of  election  and  the  third  Monday  in  March.  53  Iowa,  087. 

:;.  In  case  a  director  elect  fails  to  qualify  by  the  close  of  the  third  Monday  in 
March,  it  becomes  the  duty  of  the  board  as  soon  after  that  time  as  possible,  to  fill 
the  vacancy  by  appointment. 

4.  If  a  person  is  elected  as  his  own  successor  and  fails  to  qualify  on  or  before 
the  third  Monday  in  March,  a  vacancy  exists  which  is  lilled  by  appointment. 

5.  A  person  appointed  as  a  member  of  the  board  may  be  required  to  qualify 
within  a  time  to  be  prescribed  by  the  board.     Section  780,  Code. 

<>.  All  persons  appointed  to  till  vacancies  in  ollice  hold  only  until  the  next 
annual  meeting  of  the  electors.  Constitution  of  Iowa,  article  11,  section  0;  also 
section  785,  Code. 

SKC.  1753.  1.  The  subdirector  is  clothed  with  certain  general  powers  by  this 
.section,  but  these  are  to  be  exercised  under  the  direction  of  the  board.  The 
board  may  restrict  him,  for  example,  as  to  when  he  shall  employ  teachers,  for  how 
long  a  time,  at  what  compensation,  and  even  whom  he  shall  not  employ,  the 

:tent  of  repairs,  and  prices  paid  for  same,  and  the  amount  and  cost  of  fuel.     35 

jwa,  301  and  40  Iowa,  :«>!).     Note  to  section  1737.     Form  25. 

2.  School  ollicers  are  possessed  of  specially  defined  powers  and  should  attempt 
exercise  no  others,  except  such  as  arise  by  fair  implication  from  those  granted. 

3.  When  a  teacher  or  other  person  is  about  to  enter  into  a  contract  with  a  sub- 
irector,  he  knows  that  he  is  dealing  with  a  public  agent  whose  powers  are  subject 

regulation  and  restriction  by  the  board;  he  is  bound  to  know  what  these  rules 
id  restrictions  are  and  should  be  governed  accordingly.    35  Iowa,  301. 

4.  The  district  township  is  bound  by  the  contract  of  a  subdirector,  when  made 
mi  ing  to  instructions  by  the  board.     35  Iowa,  301. 

5.  The  president  may  be  compelled  by  mandamus  to  give  his  approval  of  a 
mtract  made  in  accordance  with  a  vote  of  the  board.     Note  11  to  section  1739. 

The  board  should  lix  the  wages  to  be  paid  in  each  subdistrict  at  such  a  figure 
will  enable  each  subdirector  to  secure  a  teacher  qualified  to  govern  and  instruct 
school.  Note  4  to  section  1727. 


52  SCHOOL  LAWS  OF  IOWA. 

ment  of  the  school-house  unless  otherwise  ordered  by  a  vote  of  the  dis- 
trict township  meeting.  All  contracts  made  in  conformity  with  the 
provisions  of  this  section  shall  be  approved  by  the  president  and  reported 
to  the  board  of  directors,  and  said  board,  in  their  corporate  capacity, 
shall  be  responsible  for  the  performance  of  the  sam-e  on  the  part  of  the 
district  township. 

7.  It  is  the  duty  of  our  school  authorities  to  provide  for  schools  having  non- 
English  speaking    scholars,  the  best  instructors  available,  in  order  that  all  the 
children  may  acquire  rapidly  a  correct  use  of  English,  and  become  acquainted,  as 
soon  as  possible,  with  the  spirit  and  genius  of  our  American  institutions. 

8.  The    board  may    pass  a  resolution  that  teachers  shall  receive  their  pay 
monthly,  upon  the  certificate  of  the  subdirector,  o<r  of  a  committee  of  the  board, 
that  the  required  time  has  been  taught.     Note  11  to  section  1757. 

9.  Each  subdirector  has  exclusive  control  of  the  school-house  in  his  subdistrict, 
unless  the  district  township  meeting  has  otherwise  ordered. 

10.  Special  powers  delegated  to  the  subdirector  by  the  law,  as  for  instance  the 
control  of  the  school-house  in  his  own  subdistrict,  and  the  right  to  determine 
whether    scholars  may  attend  from  or  in  an  adjoining  subdistrict,   cannot  be 
assumed  by  the  board.     Sections  1753  and  1795.    Note  16  to  section  1717. 

11.  The  subdirector  in  district  townships,  or  the  board  in  independent  districts, 
should  require  from  parties  desiring  to  use  the  school-house,  security  for  its  proper 
use  and  protection  from  other  injury  than  natural  wear. 

12.  It  is  proper  to  permit  the  use  of  school-houses  for  the  purpose   of  public 
worship  on  Sunday,  or  for  religious  services,  public  lectures  on  moral  or  scientific 
subjects,  or  meetings  on  questions  of  public  interest,  on  the  evenings  of  the  week, 
or  at  any  time  when  such  use  will  not  interfere  with  the  regular  progress  of  the 
school.     35  Iowa,  194. 

13.  It  is  not  in  accordance  with  the  meaning  of  the  law  and  the  decisions  of  the 
courts  to  allow  a  school-house  to  be  used  for  a  purpose  requiring  an  admission 
fee.    This  does  not  prevent  a  contribution  being  taken,  but  we  think  free  admis- 
sion should  not  be  denied. 

14.  It  is  believed  that  no  discrimination  should  be  made  as- to  who  may  attend 
meetings  held  in  a  school- house.    To  make  membership  in  a  particular  society  a 
test  for  attendance  upon  the  meeting  would  seem  to  be  in  conflict  with  the  inten- 
tion of  the  law. 

15.  The  use  of  a  public  school  building  for  Sabbath-schools,  religious  meetings, 
debating  clubs,  temperance  meetings,  and  the  like,  is  proper.     Especially  is  this 
so  where  abundant  provision  is  made  for  securing  a"ny  damages  which  the  tax- 
payer may  suffer  by  reason  of  the  use  for  the  purposes  named.  The  use  of  a  school- 
house  for  such  purposes,  when  so  authorized,  is  not  prohibited  by  section  3,  articl'e 
1,  of  the  constitution.     50  Iowa,  11. 

16.  In  all  cases  where  it  is  practicable,  in  precincts  outside  of  cities  and  towns, 
the  elections  shall  be  held  in  the  public  school  building,  for  the  use  of  which  there 
shall  be  no  charge.     But  all  damage  to  the  building  or  furniture  shall  be  a  just 
claim  against  the  county.    Part  of  section  20,  chapter  33,  laws  of  1892. 

17.  If  any  person  willfully  write,  make  marks  or  draw  characters  on  the  walls- 
or  any  other  part  of  any  church,  college,  academy,  school-house,  court-house  or 
other  public  building,  or  willfully  injure,  or  deface  the  same,  or  any  wall  or  fence 
enclosing  the  same,  he  shall  be  punished  by  fine  not  exceeding  one  hundred  dol- 
lars, or  by  imprisonment  in  the  county  jail  not  more  than  thirty  days.     Section 
3986,  Code. 


SCHOOL  LAWS  OF  IOWA.  53 

SEC.  1751.  He  shall,  between  the  first  and  tenth  days  of  September 
of  each  year,  prepare  a  list  of  the  names  of  the  heads  of  families  in  his 
subdistrict,  together  with  the  number  of  children  between  the  ages  of 
five  and  twenty-one  years,  distinguishing  males  from  females,  and  shall 
record  the  same  in  a  book  kept  for  that  purpose. 

SEC.  1755.  He  shall,  between  the  tenth  and  fifteenth  days  of  'Sep- 
t-ember of  each  year,  report  to  the  secretary  of  the  district  township,  the 
number  of  persons  in  his  subdistrict  between  the  ages  of  five  and  twenty- 
one  years,  distinguishing  males  from  females. 

SEC.  1756.  He  shall  have  power,  with  the  concurrence  of  the  presi- 
dent of  the  board  of  directors,  to  dismiss  any  pupil  from  the  schools  in 
his  subdistrict  for  gross  immorality,  or  for  persistent  violation  of  the 
regulations  of  the  schools,  and  to  re-admit  them,  if  he  deems  proper  so 
to  do;  and  shall  visit  the  schools  in  his  subdistrict  at  least  twice  during 
each  term  of  said  school. 

18.  If  any  person  or  persons  unlawfully  or  willfully  disturb  or  interrupt  any 
school,  school  meeting,  teachers'  institute,  lyceum,  literary  society,  or  any  other 
lawful  assembly  of  persons  being  in  the  peace  of  the  state,  such  person  or  persons 
shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction  thereof,  shall  be 
punished  by  tine  not  exceeding  one  hundred  dollars,  or  by  imprisonment  in  the 
county  jail  not  exceeding  thirty  days.  Section  4023,  Code. 

SEC.  1754.     1.    The  number  of  persons  of  school  age  can  be  obtained  only  by  a 
careful  and  conscientious  census.     It  includes  all  persons  between  five  and  twenty  - 
e  years  having  a  residence  within  the  district,  even  if  married. 

2.  The  record  book  correctly  filled  out  will  be  of  much  assistance  to  the  sub- 
director  each  year.    Form  26. 

3.  The  actual  truth  as  to  the  number  of  school  age  is  what  is  sought.     Anything 
else  disturbs  the  equality  which  by  right  exists,  and  prevents  all  from  receiving 
exact  justice  in  the  apportionments. 

4.  Children  at  a  state  institution,  or  a  private  school,  should  not  be  enumerated, 
unless  they  actually  reside  in  the  subdistrict.     Note  5  to  section  1745. 

SEC.  1755.  1.  The  failure  of  subdirectors  to  make  their  reports,  as  required  by 
this  section,  will  reduce  the  semi-annual  apportionments  for  the  year,  since  they 
are  made  upon  the  enumeration  of  persons  of  school  age. 

2.  In  district  townships  the  secretary  should  require  every  subdirector  to  make 
is  report,  and  should  insist  that  it  be  made  in  writing,  and  certified  to  be  correct. 

3.  Each  district  deserves  credit  for  every  one  of  proper  age,  but  is  entitled  to 
more.     It  is  obvious  that  a  guess  or  estimate  regarding  even  a  single  individual 

is  to  be  avoided. 

4.  A  willful  neglect  on  the  part  of  the  subdirector  to  make  the  report  to  the 
secretary  as  required,  may  be  found  by  the  courts  to  be  a  misdemeanor.      Section 

Code. 

SEC.  1756.     1.     The  notes  to  section  1735  apply  with  equal  force  to  this  section, 
d  the  same  weight  should  be  given  them  as  though  repeated  here  in  full. 

2.  A  careful  investigation  of  the  charges  against  the  scholar  should  be  made 
fore  he  is  dismissed. 

3.  The  action  of  the  subdirector  and  president  in  dismissing  a  scholar  should 
main  in  force  for  the  term  only. 


j 


54  SCHOOL  LAWS  OF  IOWA. 

TEACHERS. 

SECTION  1757.  (As  amended  by  Chap.  60,  Laws  of  1888.)  All  con- 
tracts with  teachers  shall  be  in  writing,  specifying  the  length  of  time  the 
school  is  to  be  taught,  in  weeks,  the  compensation  per  week,  or  per 
month  of  four  weeks,  and  such  other  matters  as  may  be  agreed  upon; 
and  shall  be  signed  by  the  subdirector  or  secretary  and  teacher,  and  be 
approved  by  and  filed  with  the  president  before  the  teacher  enters  upon 

SEC.  1757.  1.  All  contracts  made  by  the  subdirector  must  be  approved  by  the- 
president  and  reported  to  the  board. 

2.  The  subdirector  or  secretary  should  require  the  teacher  to  produce  the  cer- 
tificate, which  he  should  carefully  examine  before  signing  the  contract. 

3.  In  district  townships  the  subdirector,  in  independent  districts  the  secretary 
represents  the  district  in  signing  this  contract. 

4.  All  matters  agreed  upon  should  be  incorporated  into  the  written  contract. 
The  tendency  of  our  courts  is  to  presume  that  the  written  contract  embraces  the 
entire  agreement  of  the  parties.     52  Iowa,  130. 

5.  Without  special  mention  in  the  teacher's  contract,  it  is  understood  that  only 
the  common  branches  and  those  included  in  the  course  of  study  for  the  school, 
are  expected  to  be  taught. 

6.  If  a  subdirector  desires  to  teach  the  school  in  his  own  subdistrict,  he  should 
resign  and  contract  with  the  new  subdirector  appointed  by  the  board. 

7.  It  is  the  duty  of  the  subdirector  or  secretary  to  file  the  teacher's  contract  at 
once  with  the  president  of  the  board,  and  secure  his  approval.    The  copy  to  be- 
filed  with  the  secretary,   and  a  copy  to  be  retained  by  the  teacher  if  desired,, 
should  also  be  approved  at  the  same  time. 

8.  The  approval  of  the  teacher's  contract  by  the  president  is  a  mandatory  act, 
which  he  cannot  refuse  to  perform,  unless  the  contract  is  drawn  at  variance  with 
instructions  from  the  board,  or  otherwise  violates  law.    56  Iowa,  573. 

9.  The  board,  for  what  seem  good  reasons,  may  order  a  short  vacation.    But 
the  term  included  in  the  contract  cannot  be  shortened,   without  the  consent  of 
both  parties. 

10.  It  is  lawful  for  a  board  to  give  teachers  holidays  and  not  deduct  pay,  and! 
quite  usual.    The  teacher,  however,  may  not  claim  it  as  a  right. 

11.  The  board  may  authorize  the  president  and  secretary  to  draw  orders  to  pay 
teachers'  salaries  at  the  end  of  each  school  month,  upon  proper  evidence  that  the 
service  has  been  performed.    Note  8  to  section  1753. 

12.  If  a  teacher  is  at  the  school-house  at  the  proper  time,  and  remains  during 
school  hours,  he  is  entitled  to  pay  therefor,  according  to  his  contract,  whether 
scholars  are  present  or  not. 

13.  As  a  rule  it  is  highly  undesirable  to  close  a  school  on  account  of  an  epidemic  * 
But  if  the  local  board  of  health,  or  the  board  of  directors,  closes  a  school  on 
account  of  the  presence  of  a  contagious  disease,  or  for  like  reason,  the  teacher  is 
entitled  to  pay  upon  his  contract. 

14.  When  a  school  is  closed  for  a  short  time,  for  causes  beyond  the  control  of 
the  teacher,  the  courts  will  be  likely  to  hold  that  the  teacher  is  entitled  to  his  pay 
according  to  the  terms  of  his  contract.    Such  cases  are  best  settled  by  compromise 
between  the  parties. 

15.  If  the  school-house  is  destroyed,  or  the  school  is  closed  indefinitely  by  causes 
beyond  the  control  of  either  party  to  the  contract,  the  teacher  being  ready  to 
comply  with  his  part,  can  collect  pay  according  to  contract.    If  said  teacher  uses 


SCHOOL  LAWS  OF  IOWA.  55 

the  discharge  of  his  duties,  and  a  copy  of  all  such  contracts  shall  also  be 
filed  with  the  secretary  of  the  board  by  the  subdirector,  before  the 
teacher  enters  upon  the  discharge  of  his  duties. 

SEC.  1758.  No  person  shall  be  employed  to  teach  a  common  school 
which  is  to  receive  its  distributive  share  of  the  school  fund  unless-he 
shall  have  a  certificate  of  qualification  signed  by  the  county  superin- 
tendent of  the  county  in  which  the  school  is  situated,  or  by  some  other 
officer  duly  authorized  bylaw;  and  any  teacher  who  commences  teaching 
without  such  certificate  shall  forfeit  all  claim  to  compensation  for  the 
time  during  which  he  teaches  without  such  certificate. 

proper  diligence  to  secure  employment  at  something  which  he  can  do,  and  secures 
such  employment,  the  district  will  pay  him  the  difference  between  the  amount 
received  in  his  new  work  and  the  amount  of  his  wages  under  the  contract.  In 
other  words,  his 'actual  loss  should  be  made  good. 

16.  Section  2976,  Code,  provides  that  a  municipal  or  political  corporation  shall 
not  be  garnished.  However,  the  corporation  may  waive  exemption  from  this 
process.  25  Iowa,  315. 

SEC.  1758.  1.  The  only  legal  certificates,  besides  those  given  by  county  super- 
intendents, are  the  perpetual  state  certificates,  issued  by  the  educational  board  of 
examiners,  prior  to  September,  1873,  when  said  board  was  abolished;  and  state 
certificates  and  diplomas  given  as  provided  by  chapter  167,  laws  of  1882,  amended 
chapter  22,  laws  of  1890. 

2.  The  law  requires  every  holder  of  a  state  diploma  or  state  certificate  to  have 
e  same  registered  in  the  office  of  the  county  superintendent,  before  commencing 
teach  in  such  county.  No  fee  is  required.  The  superintendent  should  insist  on 
iing  the  document  itself  and  should  make  his  record  from  such  inspection. 

The  teacher  must  have  a  certificate  during  the  whole  term  of  school.    He  is 
lot  authorized  to  teach  a  single  day  beyond  the  period  named  in  his  certificate. 

4.  A  teacher's  contract  is  sometimes  binding  though  irregular  in  some  respect. 
A  board  should  not  have  the  benefit  of  the  services  of  a  teacher  without  remuner- 
ating him.    In   some  cases  the  board  may  be  held  personally  liable  to  pay  the 
teacher. 

5.  In  an  Illinois  case  a  certificate  was  not  obtained  until  the  middle  of  the  term. 
A  new  contract  was  entered  into  at  that  time  to  pay  the  teacher  double  wages  for 
the  remainder  of  the  term.     This  was  considered  an  attempt  to  do  indirectly  what 
there  was  no  power  to  do  directly,  and  therefore  the  contract  was  held  to  be 
void,  as  was  the  original  contract. 

6.  In  case  of  the  temporary  absence  of  the  teacher,  from  sickness  or  other  cause, 
the  place  should  be  supplied  with  some  one  duly  authorized  to  teach,  'selected  by 
the  subdirector.    The  supply  should  be  paid  by  the  teacher  whose  place  is  filled. 

7.  In  case  a  person  is  employed  or  continued  as  a  teacher  in  violation  of  law 
without  a  certificate,  a  resident  of  the  district  may  sue  out  a  writ  of  injunction 
restraining  the  person  from  teaching  and  the  district  from  paying.     Such  a  writ 
cannot  be  served  at  the  instance  of  the  county  superintendent.     17  Iowa,  228. 
Boards  employing  and  paying  such  teachers  are  liable  to  prosecution  under  the 
provisions  of  the  general  statutes  for  misapplication  of  funds.     Sections  3965,  3966 
and  3967,  Code. 


56  SCHOOL  LAWS  OF  IOWA. 

SEC.  1759.  The  teacher  shall  keep  a  correct  daily  register  of  the 
school,  which  shall  exhibit  the  number  or  other  designation  thereof, 
township  and  county  in  which  the  school  is  kept;  the  day  of  the  week, 
the  month  and  year;  the  name,  age,  and  attendance  of  each  pupil,  and 
the  branches  taught.  When  scholars  reside  in  different  districts  a  register 
shall  be  kept  for  each  district. 

SEC.  1760.  The  teacher  shall,  immediately  after  the  close  of  his 
school,  file  in  the  office  of  the  secretary  of  the  board  of  directors,  a  cer- 
tified copy  of  the  register  aforesaid. 

GENERAL  PROVISIONS. 

SECTION  1761.  A  school  month  shall  consist  of  four  weeks  of  five 
school  days  each. 

SEC.  1759.  1.  The  teacher  may  be  held  responsible  for  the  efficient  discharge 
of  every  duty  properly  attached  to  his  office,  including  the  exercise  of  due  dili- 
gence in  the  oversight  and  preservation  of  school  buildings,  grounds,  furniture, 
apparatus,  and  other  school  property,  as  well  as  the  more  prominent  work  of 
instruction  and  government. 

2.  Parties  doing  damage  to  school  property  are  responsible  for  the  same.    The 
teacher  is  bound  to  exercise  reasonable  care  to  protect  and  preserve  school  prop- 
erty, and  failing  to  do  so  may  be  held  liable  for  damages. 

3.  Making  tires  and  sweeping  the  school  room  are  not,  properly,  a  part  of  the 
teacher's  duties.     In  rural  districts  teachers  frequently  perform  this  labor  as  a 
matter  of  convenience  and  economy.    Those  unwilling  to  do  this  work,  or  who 
expect  to  receive  pay  for  it,  should  so  stipulate  with  the  subdirector  when  enter- 
ing into  the  contract  to  teach.     Note  4  to  section  1775.     S.  L.  Decisions,  76. 

4.  Every  teacher  should  take  great  pains  to  keep  the  register  required  by  this 
section  very  carefully,  in  order  that  the  term  report  required  by  the  next  section 
may  be  made'out  correctly.     By  doing  so  the  secretary  will  be  able  to  make  his 
annual  report  with  greater  ease,  and  with  added  accuracy.    Form  27. 

SEC.  1760.  The  board  may  authorize  the  president  and  the  secretary  to  draw 
warrants  for  the  payment  of  teachers'  salaries  at  the  end  of  each  school  month, 
upon  proper  evidence  that  the  service  has  been  performed,  but  the  order  for 
wages  for  the  last  month  should  not  be  drawn  until  the  report  required  by  this 
section  is  tiled  in  the  office  of  the  secretary.  Without  this  register  he  cannot  pre- 
pare his  annual  report  as  the  law  directs  it  to  be  made.  The  secretary  should 
carefully  examine  the  register  to  see  whether  the  record  is  complete  in  all  respects. 
Form  28. 

SEC.  1761.  1.  There  are  no  holidays  during  which  teachers  are  exempted  by 
the  law  from  teaching,  unless  excused  by  the  board.  A  legal  contract  requires 
twenty  days  of  actual  service  for  a  month. 

2.  In    this  state,    by  common    consent  and  universal  custom,   New  Year's, 
Memorial  Day,  Fourth  of  July,  Christmas,  and   any  day  recommended    by  the 
governor  or  the  president  as  a  day  of  thanksgiving,  are  observed  as  general 
holidays. 

3.  It  is  the  commendable  custom  with  very  many  boards,  to  allow  teachers  and 
scholars  the  so-called  holidays,  and  to  pay  the  teachers  as  if  those  days  had  been 
taught. 


RSIT  . 

SCHOOL  LAWS  OF  IOWA.  57 


SEC.  1762.  During  the  time  of  holding  a  teachers'  institute  in  any 
county,  any  school  that  may  be  in  session  in  such  county  shall  be  closed; 
and  all  teachers,  and  persons  desiring  a  teacher's  certificate,  shall  attend 
such  institute,  or  present  to  the  county  superintendent  satisfactory 
reasons  for  not  so  attending,  before  receiving  such  certificate.  .. 

SEC.  1763.  The  electors  of  any  school  district  at  any  legally  called 
school  meeting,  may,  by  a  vote  of  a  majority  of  the  electors  present, 
•direct  the  German  or  other  language  to  be  taught  as  a  branch  in  one  or 
more  of  the  schools  of  said  district,  to  the  scholars  attending  the  same 
whose  parents  or  guardians  may  so  desire;  and  thereupon  such  board  of 
•directors  shall  provide  that  the  same  be  done;  provided  that  all  other 
branches  taught  in  said  school  or  schools  shall  be  taught  in  the  English 
language;  provided  further  that  the  person  employed  in  teaching  the 
said  branches  shall  satisfy  the  county  superintendent  of  his  ability  and 
qualifications,  and  receive  from  him  a  certificate  to  that  effect. 

SEC.  1761.  The  Bible  shall  not  be  excluded  from  any  school  or  insti- 
tution in  this  state,  nor  shall  any  pupil  be  required  to  read  it  contrary  to 
the  wishes  of  his  parent  or  guardian. 

4.  There   is  no  provision  of  law  giving  teachers  time  to  visit  other  schools. 
Boards  often  grant  teachers  this  privilege,  under  proper  restrictions. 

5.  Custom  fixes  the  maximum  length  of    the  school  day  at  six  hours.     The 
board  may  shorten  this  time  somewhat,  if  thought  best. 

6.  By  consent  of  the  board,  an  occasional  Saturday  may  be  taught.    But  as 
five  days  are  a  school  week,  the  practice  is  not  to  be  commended. 

SEC.  1762.  It  may  be  questioned  whether  the  provisions  of  this  section  apply 
to  the  present  normal  institutes,  held  under  section  1769. 

SEC.  1763.  1.  The  electors  may  not  limit  or  restrict  the  board  to  the  adoption 
of  a"  course  of  study  including  only  such  branches  as  the  electors  may  name. 
Nor  may  the  electors  direct  that  a  particular  branch,  or  certain  studies,  shall  not 
be  taught  It  is  the  province  of  the  board  to  decide  what  branches  besides  those 
in  a  teacher's  examination  and  those  named  by  the  electors,  shall  be  included  in 
the  course  of  study  and  taught  in  the  schools  of  their  district.  Note  9  to  section  1717. 

2.  A  teacher  who  instructs  in  any  of  the  languages  referred  to,  in.  addition  to 
other  work  as  teacher,  must  have  the  certificate  required  by  this  section,  additional 
to  the  one  demanded  by  the  first  part  of  section  1766,  but  a  teacher  who  teaches 
only  one  or  more  of  the  languages  referred  to  above,  or  any  other  special  branch, 
may  be  required  to  have  a  certificate  for  such  branch,  as  provided  by  the  last  part 
of  section  1766,  and  need  not  have  the  other  certificate,  unless  desired. 

SEC.  1764.  1.  Our  common  schools  are  maintained  at  public  expense,  and  the 
law  contemplates  that  they  shall  be  equally  free  to  persons  of  every  faith.  A  very 
suitable  devotional  exercise  consists  in  the  teacher  reading  a  portion  of  Scripture 
without  comment,  and  the  repetition  of  the  Lord's  Prayer. 

2.  Neither  the  board  nor  the  electors  may  direct  the  teacher  to  follow  a  given 
course  in  respect  to  the  reading  of  the  Bible  in  school.     Each  teacher  will  be  guided 
by  his  own  good  judgment,  and  the  wishes  of  his  patrons  may  properly   have 
weight  in  aiding  him  to  determine  his  action. 

3.  While  moral  instruction  should  be  given  in  every  school,  neither  this  section 
ior  the  spirit  of  our  constitution  and  laws  will  permit  a  teacher  or  board  to  enforce 


53  SCHOOL  LAWS  OF  IOWA. 

CHAPTER  167,  LAWS  OF  1882. 
[As  amended  by  Chapter  22,  Laws  of  1890.] 

CREATING  A  STATE  BOARD  OF  EXAMINERS. 

SECTION  1.  The  superintendent  of  public  instruction,  the  president  of 
the  state  university,  the  principal  of  the  state  normal  school,  and  two 
persons,  to  be  appointed  by  the  executive  council,  one  of  whom  shall  be 
a  woman,  for  terms  of  four  years;  provided  that  of  the  two  first  appointed, 
one  shall  be  for  two  }^ears;  and  provided  further  that  no  one  shall  be  his- 
own  successor  in  said  appointments;  are  hereby  constituted  a  state  board 
of  examiners,  with  the  superintendent  of  public  instruction  as  ex  officio, 
its  president. 

SEC.  2.  The  board  shall  meet  at  such  times  .and  places  as  its 
president  shall  direct,  for  transaction  of  business,  and  shall  hold 
annually,  at  least  two  public  examinations  of  teachers,  at  each  of 
which  examinations  one  member  of  the  board  shall  preside,  assisted  by 
such  well  qualified  teachers,  not  to  exceed  two  in  number,  as  the  board 
of  examiners  may  elect.  Said  board  may  adopt  such  rules,  not  incon- 
sistent herewith,  and  with  the  statutes  of  Iowa,  as  they  may  deem  proper; 
and  said  board  shall  keep  a  full  record  of  their  proceedings,  and  a  com- 
plete register  of  all  persons  to  whom  certificates  and  diplomas  are  issued. 

a  regulation  in  regard  to  religious  exercises,  which  will  wound  the  conscience  of 
any,  and  no  scholar  can  be  required  to  conform  to  any  particular  mode  of 
worship.  64  Iowa,  367. 

4.  Moral  instruction  tending  to  impress  upon  the  minds  of  pupils  the  impor- 
tance of  truthfulness,  temperance,  purity,  public  spirit,  patriotism,  and  respect 
for  honest  labor,  obedience  to  parents  and  due  deference  for  old  age,  shall  be  given 
by  every  teacher  in  the  public  schools.     School  Laws  of  North  Dakota,  1891. 

5.  The  law  intends  that  the  public  schools  of  the  state  shall  be  absolutely  free 
from  any  sectarian  or  denominational  bias.     The  teaching  of  any  peculiar  relig- 
ious doctrine  or  creed,  or  the  use  of  any  book  prepared  for  the  purpose  of  incul- 
cating such  doctrine  or  creed,  is  strictly  forbidden  by  the  spirit  of  our  law,  and 
cannot  be  justified  or  allowed  in  any  case. 

6.  If  a  teacher  gives  religious  instruction  or   teaches  in  the  interest  of  any 
church  or  denomination,  the  board  may  be  prevented  from  continuing  or  sanc- 
tioning such  instruction,  by  injunction  from  the  courts,  and  having  ordered  or 
countenanced  this  instruction  may  be  prevented  in  the  same  manner  from  paying 
such  teacher  from  the  public  school  funds. 

7.  The  diversion  of  the  school  fund  in  any  form  or  to  any  extent  for  the  sup- 
port of  sectarian  or  private  schools  is  inadmissible  and  clearly  in  violation  of  our 
laws.     59  Iowa,  70. 

8.  Public  money  shall  not  be  appropriated,  given  or  loaned  by  the  corporate 
authorities,  supervisors,  or  trustees  of  any  county,  township,   city  or  town,  or 
municipal  organization  of  this  state,  to,  or  in  favor  of,  any  institution,   school, 
association,  or  object,  which  is  under  ecclesiastical  or  sectarian  management  or 
control.     Section  552,  Code.  . 


SCHOOL  LAWS  OF  IOWA.  5£ 

SEC.  3.  Said  board  shall  have  power  to  issue  state  certificates  and 
state  diplomas  to  such  teachers  as  are  found,  upon  examination,  to  possess- 
good  moral  character,  thorough  scholarship,  clear  and  comprehensive 
knowledge  of  didactics,  and  successful  experience  in  teaching.  They 
shall  also  have  power  to  issue  state  certificates  and  state  diplomas  to 
such  graduates  of  any  Iowa  state  normal  school,  as  are  shown  to  possess 
good  moral  character,  the  certificate  to  be  issued  when  the  graduate  is 
proved  to  have  had  thirty-six  weeks'  successful  experience  in  teaching, 
and  the  diploma  when  five  years'  such  experience  is  shown. 

SEC.  4.  Candidates  for  state  certificates  shall  be  examined  upon  the 
following  branches:  Orthography,  reading,  writing,  arithmetic,  geogra- 
phy, English  grammar,  bookkeeping,  physiology,  history  of  the  United 
States,  algebra,  botany,  natural  philosophy,  drawing,  civil  government, 
constitution  and  laws  of  Iowa,  and  didactics;  and  candidates  for  state 
diplomas  shall  pass  examination  upon  all  blanches  required  by  candi- 
dates for  state  certificates,  and  in  addition  thereto  in  geometry,  trigo- 
nometry, chemistry,  zoology,  geology,  astronomy,  political  economy, 
rhetoric,  English  literature,  and  general  history,  and  such  other  branches 
as  the  board  of  examiners  may  require. 

SEC.  5.  A  state  certificate  shall  authorize  the  person,  to  whom  it  is 
issued,  to  teach  in  any  public  school  of  the  state  for  the  term  of  .five 
years  from  the  date  of  its  issue,  and  a  state  diploma  shall  be  valid  for 
the  life  of  the  person  to  whom  it  is  issued;  provided  that  any  state  cer- 
tificate, and  any  state  diploma,  may  be  revoked  by  the  board  of  exam- 
iners for  any  cause  of  disqualification,  on  well-founded  complaint  entered 
by  any  county  superintendent  of  schools. 

SEC.  6.  The  fee  for  each  state  certificate  shall  be  three  dollars,  and 
for  each  state  diploma  five  dollars,  which  fee  shall  be  paid  before  exam- 
ination to  such  person  as  the  board  of  examiners  may  designate  from 
their  own  number,  and  the  same  shall  be  paid  into  the  state  treasury 
when  so  collected;  provided  that  if  such  applicant  shall  fail  in  said 
examination,  one-half  of  the  fee  shall  be  returned. 

SEC.  7.  Every  holder  of  a  state  certificate,  or  of  a  state  diploma, 
shall  have  the  same  registered,  by  the  county  superintendent  of  schools 
of  the  county  in  which  he  wishes  to  teach,  before  entering  upon  his 
work,  and  each  county  superintendent  of  schools  is  required  to  include 
in  his  annual  report  to  the  superintendent  of  public  instruction,  a  full 
account  of  the  registration  of  state  certificates  and  diplomas, 

CHAPTER   167,   LAWS   OF   1882. 

SECTION  7.  1.  No  fee  is  required  for  the  registration  referred  to,  but  it  is 
essential  that  such  record  be  made  before  the  person  commences  to  teach. 

2.  Holders  of  state  certificates  or  diplomas  are  not  exempt  from  reporting  to 
the  county  superintendent,  or  complying  in  every  respect  with  requirements  made 
of  other  teachers,  except  as  to  examination  for  certificates. 


60  SCHOOL  LAWS  OF  IOWA. 

SEC.  8.  Each  member  of  the  state  educational  board  of  examiners, 
•and  each  person  appointed  by  said  board  to  assist  in  conducting  exam- 
inations, as  provided  for  in  section  2  of  this  act,  shall  be  entitled  to 
receive,  for  the  time  actually  employed  in  such  service,  his  necessary 
•expenses.  And  provided  further  that  each  member  of  said  board,  not  a 
salaried  officer,  shall,  in  addition  to  his  necessary  expenses,  receive  the 
sum*  of  three  dollars  per  day,  he  or  she  is  actually  employed  in  said 
•examination,  which  amounts  shall  be  certified  by  the  superintendent  of 
public  instruction;  and  the  auditor  of  state  is  hereby  authorized  to  audit 
-and  draw  his  warrant  for  the  same  upon  the  treasurer  of  state,  provided 
the  aggregate  amount  for  any  one  year  shall  not  exceed  three  hundred 
dollars. 

SEC.  9.  The  board  of  examiners  shall  keep  a  detailed  and  accurate 
account  of  all  moneys  received  and  expended  by  them,  which,  with  a  list 
of  the  names  of  persons  receiving  certificates  and  diplomas,  shall  be 
published  by  the  superintendent  of  public  instruction  in  his  annual 
report. 

COUNTY  SUPERINTENDENT. 

CHAPTER  136,  LAWS  OF  1876. 
WOMEN  ELIGIBLE  TO  SCHOOL  OFFICES. 

SECTION  3.  No  person  shall  be  deemed  ineligible,  by  reason  of  sex, 
to  any  school  office  in  the  state  of  Iowa. 

SEC.  2.  No  person  who  may  have  been  or  shall  be  elected  or 
appointed  to  the  office  of  county  superintendent  of  common  schools  or 
school  director  in  the  state  of  Iowa,  shall  be  deprived  of  office  by  reason 
-of  sex. 

SECTION  1765.  The  county  superintendent  shall  not  hold  any  office 
in,  or  be  a  member  of  the  board  of  directors  of  a  district  township  or 
independent  district,  or  of  the  board  of  supervisors  during  the  time  of 
his  incumbency. 

SEC.  1766.  (As  amended  by  Chap.  143,  Laws  of  1878.)  On  the  last 
•Saturday  of  each  month,  the  county  superintendent  shall  meet  all  per- 
sons desirous  of  passing  an  examination,  and  for  the  transaction  of  other 
business  within  his  jurisdiction,  in  some  suitable  room  provided  for  that 
purpose  by  the  board  of  supervisors  at  the  county  seat,  at  which  time  he 
-shall  examine  all  such  applicants  for  examination  as  to  their  competency 

SEC.  1766.  1.  This  is  a  most  important  and  difficult  labor.  Written  examina- 
tions afford  a  good  test  of  scholarship,  and  furnish  the  basis  of  a  permanent 
record.  The  examination  should  be  thorough,  to  determine  the  attainments  of 
the  applicant  in  the  branches  he  is  expected  to  teach. 

2.  Applications  made  at  other  times  should  be  rejected,  unless  good  reasons  are 
given  for  not  attending  the  regular  examinations.  The  interests  of  the  schools  do 


SCHOOL  LAWS  OF  IOWA.  61 

and  ability  to  teach  orthography,  reading,*  writing,  arithmetic,  geogra- 
phy, English  grammar,  physiology,  and  history  of  the  United  States; 
and  in  making  such  examination,  he  may,  at  his  option,  call  to  his  aid 
one  or  more  assistants.  Teachers  exclusively  teaching  music,  drawing, 
penmanship,  book-keeping,  German  or  other  language,  shall  not  be 
required  to  be  examined  except  in  reference  to  such  special  brancE,  anc£ 
in  such  cases  it  shall  not  be  lawful  to  employ  them  to  teach  any  branch 
except  such  as  they  shall  be  examined  upon  and  which  shall  be  stated  in 
the  certificate. 

SEC.  1767.  If  the  examination  is  satisfactory,  and  the  superintendent 
is  satisfied  that  the  respective  applicants  possess  a  good  moral  character, 

not  require  frequent  or  individual  examinations,  and  the  time  of  the  superin- 
tendent can  be  more  profitably  employed  in  the  performance  of  other  duties.  49- 
Iowa,  245. 

3.  We  think  the  ability  to  teach  the  different  branches  may.be  best  determined: 
by  actual  observation  of  the  teacher's  work  in  his  school.     A  searching  and  skill- 
fully conducted  oral  examination  in  methods  will  test  the  applicant's  ability  to- 
instruct. 

4.  If  it  is  desired  that  branches  additional  to  those  included  in  the  general  cer- 
tificate shall  be  taught,  such  fact  should  be  mentioned  as  a  part  of  the  contract, 
and  the  teacher  is  required  to  have  the  certificate  for  such  additional  branch  or 
branches,  before  beginning  to  teach. 

5.  It  is  the  intention  of  the  law  that  the  study  of  physiology  and  hygiene  with 
special  reference  to  the  effects  of  alcoholic  drinks,  stimulants  and  narcotics,  shall 
have  equal  rank  and  be  considered  of  the  same  importance  as  other  branches  of 
study. 

6".  The  examination  papers  of  applicants  are  for  the  information  of  the  county 
superintendent  alone,  and  are  not  public  records.  Note  2  to  section  1768. 

SEC.  1767.  1.  County  superintendents  should  remember  that  they  are  to 
inquire,  not  only  into  the  literary  qualifications  of  the  applicant,  but  they  must 
also  certify  that  they  are,  satisfied  that  the  applicant  possesses  a  good  moral 
character,  and  the  essential  qualifications  for  governing  and  instructing  children 
and  youth.  Form  29. 

2.  Scholarship,  good  moral  character,  ability  to  govern,  aptness  to  teach,  our 
law  requires  all  these  qualifications  in  those  to  whom  are  intrusted  the  highest 
interests  of  the  state,  the  education  of  its  youth. 

3.  Applicants  may  be  required  to  present  such  evidences  of  good  moral  char- 
acter as  the  county  superintendent  shall  demand.     The  superintendent  should  be 
fully  satisfied  in  every  particular  mentioned  in  the  law,  before  issuing  the  certifi- 
cate.   S.  L.  Decisions,  115. 

4.  The  county  superintendent  is  sole  judge  of  the  manner  and  extent  of  the 
examination  he  will  require  of  applicants  for  certificates  to  teach  in  his  county 
52  Iowa,  111. 

5.  It  is  usually  desirable  that  some  of  the  work  of  every  applicant  shall  be 
filed  with  the  county  superintendent,  as  a  record  which  will  serve  to  prove  for  the 
candidate,  that  he  received  his  certificate  upon  merit. 

6.  The  renewal  or  indorsement  of  certificates  is  not  provided  for  by  law. 

7.  By  section  1769,  the  county  superintendent  is  made  responsible  to  the  insti- 
tute fund  for  one  dollar  from  every  applicant  examined. 


•62  SCHOOL  LAWS  OF  IOWA. 

and  the  essential  qualifications  for  governing  and  instructing  children 
and  youth,  he  shall  give  them  a  certificate  to  that  effect,  for  a  term  not 
exceeding  one  year. 

SEC.  1768.  Any  school  officer  or  other  person  shall  be  permitted  to 
be  present  at  the  examination;  and  the  superintendent  shall  make  a 
record  of  the  name,  residence,  age,  and  date  of  examination  of  all  per- 
sons so  examined,  distinguishing  between  those  to  whom  he  issued  certifi- 
cates and  those  rejected. 

SEC.  1769.  ( As  amended  by  Chap.  57,  Laws  of  1874,  and  Chap.  54, 
Laws  of  1878.)  The  county  superintendent  shall  hold,  annually,  a  nor- 
mal institute  for  the  instruction  of  teachers  and  those  who  may  desire  to 
teach,  and  with  the  concurrence  of  the  superintendent  of  public  instruc- 
tion, procure  such  assistance  as  may  be  necessary  to  conduct  the  same, 
at  such  time  as  the  schools  in  the  county  are  generally  closed.  To  defray 

8.  After  ascertaining  the  general'attainments  of  teachers,  inspection  of  their 
school  work  should  determine  largely  the  grade  of  certificate. 

9.  The  law  fixes  only  the  maximum  time  for  which  a  certificate  may  be  given. 
The  minimum  is  left  to  the  discretion  of  the  county  superintendent,  but  it  is  desir- 
able in  the  case  of  advanced  teachers,  to  make  the  time  as  near  one  year  as  possible. 

10.  The  so-called  professional  certificate  was  a  special  form  recommended  by 
this  department  for  a  short  time  very  many  years  ago,  but  it  has  fallen  almost  out 

•of  use.     Since  the  revival  of  the  state  certificate  there  has  seemed  to  be  still  less 
need  for  the  professional  certificate. 

11 .  For  many  years,  county  superintendents  have  been  limited  as  to  the  minimum 
age  of  those  receiving  certificates.     The  restriction  has    given  almost  universal 
satisfaction.     It  is  believed  that  in  general,  boys  under  nineteen,  and  girls  under 
seventeen  years  of  age,  may  not  be  expected  to  possess  that  maturity  of  mind  and 
strength  of  character  needed  to  manage  a  school  successfully,  and  to  determine 
wisely  the  many  important  questions  daily  demanding  an  answer  from  the  teacher. 

SEC.  1768.  1.  The  record  required  by  this  section  should  be  carefully  made, 
as  the  items  form  a  part  of  the  county  superintendent's  annual  report  to  the  super- 
intendent of  public  instruction. 

2.  The  examination  manuscripts  of  applicants  are  for  the  information  of  the 
county  superintendent  and  do  not  become  a  part  of  the  public  records  of  the  office. 
Candidates  may  not  demand  the  privilege  of  inspecting  their  markings  as  a  right. 
Note  6  to  section  1766. 

3.  A  certificate  may  not  be  issued  upon   an  examination  taken    in  another 
county.     In  addition  to  furnishing  any  credentials    or    other  written  evidence 
which  the  examiner  may  require,  the  applicant  must  appear  in  person. 

4.  The  examination  may  be 'taken  in  parts,  at  different  times,  and  may  be  con- 
tinued until  the  record  is  made  closing  the  examination. 

SEC.  1769.  1.  The  normal  institute  must  be  held  at  a  time  when  the  public 
schools  are  generally  closed. 

2.  County  superintendents  will  determine  the  time  and  place,  and  suggest 
names  of  conductor  and  instructors  for  approval,  making  application  to  the 
superintendent  of  public  instruction  according  to  form  82,  at  lease  thirty  days 
before  the  institute  is  to  commence.  This  application  and  the  appointment  are 
necessary  to  secure  the  state  appropriation. 


SCHOOL  LAWS  OF  IOWA.  63 

the  expenses  of  said  institute,  he  shall  require  the  payment  of  a  registra- 
tion fee  of  one  dollar  from  each  person  attending  the  normal  institute, 
and  shall  also  require  the  payment,  in  all  cases,  of  one  dollar  from 
every  applicant  for  a  certificate.  He  shall,  monthly,  and  at  the  close  of 
each  institute,  transmit  to  the  county  treasurer,  all  moneys  so  received, 
including  the  state  appropriation  for  institutes,  to  be  designated-4he  in- 
stitute fund;  together  with  a  report  of  the  name  of  each  person  so  contrib- 
uting, and  the  amount.  The  board  of  supervisors  may  appropriate  such 
additional  sum  as  may  by  them  be  deemed  necessary  for  the  further 
support  of  such  institute.  All  disbursements  of  the  institute  fund  shall 
be  upon  the  order  of  the  county  superintendent;  and  no  order  shall 
be  drawn  except  for  bills  presented  to  the  county  superintendent,  and 
approved  by  him,  for  services  rendered  or  expenses  incurred  in  connec- 
tion with  the  normal  institute. 

3.  The  length  of  time  during  which  the  normal  institute  shall  remain  in  session 
is  left  to  the  discretion  of  the  county  superintendent.  This  will  depend  largely 
upon  the  amount  of  the  institute  fund.  It  cannot  remain  in  session  less  than  one 
week  of  six  days.  Section  1584. 

1.  Young  and  inexperienced  teachers  will  not  expect  to  receive  certificates, 
unless  of  the  lowest  grade,  without  regularly  attending  the  normal  institute.  By 
means  of  the  large  fund  and  the  length  of  time  this  institute  may  remain  in  ses- 
sion, it  can,  if  the  proper  means  are  employed,  be  rendered  invaluable  to  teachers. 
The  benefits  which  they  will  receive  should  secure  their  voluntary  and  general 
attendance. 

5.  A  conductor  of  successful  experience  in  institute  work,  able  to  give  plain, 
practical  instruction  in  methods  of  school  organization,  government  and  teaching, 
should  be  secured  early.    The  other  instructors  should  be  superior  teachers  of 
recent  experience,  and,  where  practicable,  one  or  more  lady  teachers  should  be 
•employed. 

6.  County  superintendents  should  have  sufficient  evidence  of  the  abilities  of 
their  instructors    before  employing   them.    In  all  cases  where    strangers    are 
employed,  references  should  be  required,  and  inquiries  made  at  the  state  depart- 
ment will  frequently  secure  the  proper  knowledge. 

7.  The  superintendent  should  be  director,  assuming  the  general  oversight  and 
direction  of  the  institute,  but  should  not  act  as  conductor.    He  is  entitled  to  his 
per  diem  for  any  service  in  connection  with  the  institute,  as  for  other  official 
duties,  but  receives  no  part  of  the  institute  fund. 

8.  These  normal  institutes  are  short  training  schools,  their  object  is  to  reach 
and  correct  the  greatest  defects  found  in  the  schools.     The  superintendent  in  visit- 
ing schools  should  seek  to  discover  the  most  prominent  defects  and  wants  in  the 
methods  of    instruction.    The  normal  institute  will  afford    effective    means  of 
reaching  and  correcting  these  faults.     The  great  object  is  to  instruct  teachers  how 
to  teach  children. 

9.  The  reports  and  payments  to  the  county  treasurer,  required  by  this  section, 
should  be  made  on  the  first  day  of  each  month.     Forms  30,  31,  33  and  34. 

10.  It  is  the  duty  of  the  board  of  supervisors,  at  the  close  of  his  term  of  office, 
to  settle  with  the  county  superintendent,  as  with  other  county  officers,  according 
to  the  provisions  of  the  law. 


64  SCHOOL  LAWS  OF  IOWA. 

SEC.  1770.  If,  for  any  cause,  the  county  superintendent  is  unable  to 
attend  to  his  official  duties  he  shall  appoint  a  deputy  to  perform  them 
in  his  stead,  except  visiting  schools  and  trying  appeals. 

SEC.  1771.  The  superintendent  may  revoke  the  certificate  of  any 
teacher  in  the  county  which  was  given  by  the  superintendent  thereof, 
for  any  reason  which  would  have  justified  the  withholding  thereof  when 
the  same  was  given,  after  an  investigation  of  the  facts  in  the  case,  of 
which  investigation  the  teacher  shall  have  personal  notice,  and  he  shall 
be  permitted  to  be  present  and  make  his  defense. 

SEC.  1772.  On  the  first  Tuesday  of  October  of  each  year  he  shall 
make  a  report  to  the  superintendent  of  public  instruction,  containing  a 
full  abstract  of  the  reports  made  to  him  by  the  respective  district  secre- 
taries, and  such  other  matters  as  he  shall  be  directed  to  report  by  said  super- 
intendent, and  as  he  himself  may  deem  essential  in  exhibiting  the  true 
condition  of  the  schools  under  his  charge;  and  he  shall,  at  the  same  time, 

SEC.  1770.  Both  the  appointment  and  his  bond  must  be  approved  by  the.  board 
of  supervisors  before  the  deputy  may  enter  upon  his  duties. 

SEC.  1771.  1.  The  notice  should  contain  an  explicit  statement  of  the  charges 
against  which  the  teacher  is  expected  to  make  his  defense.  Form  85.  S.  L. 
Decisions,  41  and  84.  « 

2.  Any  person  aggrieved  by  an  action  of  the  county  superintendent  in  refusing 
to  grant  a  certificate  or  in  revoking  the  same,  may  apply  to  him  for  a  rehearing, 
the  proceedings  to  correspond  as  nearly  as  possible  to  the  proceedings  in  the  case 
of  an  appeal  from  a  board  of  directors.     If  any  party  is  aggrieved  by  the  result 
of  this  investigation,  an  appeal  may  be  taken  therefrom  to  the  superintendent  of 
public  instruction. 

3.  Though  an  appeal  will  lie  in  such' cases,  the  discretion  of  a  county  superin- 
tendent in  refusing  or  revoking  a  teacher's  certificate  will  not  be  interfered  with 
by  the  superintendent  of  public  instruction,  unless  it  is  clearly  shown  that  in  such 
act  the  county  superintendent  violated  law  or  abused  discretion.     S.  L.  Decisions, 
17  and  138. 

SEC.  1772.  1.  The  blanks  for  the  annual  report  of  the  county  superintendent 
together  with  instructions  for  making  the  report,  are  furnished  by  the  superintend- 
ent of  public  instruction. 

2.  The  superintendent  may  test  the  accuracy  of  the  treasurers'  reports  by  con- 
sulting the  books  of   the  county  treasurer.     The  amount  of  the  several  funds 
reported  received  from  the  district  tax.  also  the  amount  received  from  the  semi- 
annual apportionments,  must  agree  with  the  county  treasurer's  receipts  for  the 
same. 

3.  All  errors  should  be  corrected.     The  amounts  reported  on  hand  in  the  last 
report  from  the  district  treasurer  should  the  following  year  always  be  reported 
as  the  amounts  on  hand  at  last  report. 

4.  The  abstract  of  the  enumeration  of  children  in  each  district  should  be  made 
with,  special  care,  and  should  be  complete  and  accurate,  otherwise  the  county  will 
not  obtain  its  just  proportion  of  the  income  of  the  permanent  school  fund. 

5.  Should  the  district  secretaries  or  treasurers  fail  to  make  their  reports  in 
time,  the  superintendent  should  take  prompt  measures  to  secure  them,  going  after 
them  if  necessary. 


SCHOOL  LAWS  OF  IOWA.  65 

file  with  the  county  auditor  a  statement  of  the  number  of  persons  between 
the  ages  of  five  and  twenty-one  years  in  each  school  district  in  his  county. 

SEC.  1773.  Should  he  fail  to  make  either  of  the  reports  required  in 
the  last  section  he  shall  forfeit  to  the  school  fund  of  his  county  the  sum 
of  fifty  dollars,  and  shall,  besides,  be  liable  for  all  damages  caused  by 
such  neglect. 

SEC.  1774.  (As  amended  by  Chap.  161,  Laws  of  1882.)  He  shall  at 
all  times  conform  to  the  instructions  of  the  superintendent  of  public 
instruction,  as  to  matters  within  the  jurisdiction  of  the  said  superintend- 
ent. He  shall  serve  as  the  organ  of  communication  between  the  super- 
intendent and  township  or  district  authorities.  He  shall  transmit  to  the 
townships,  districts,  or  teachers,  all  blanks,  circulars,  and  other  commu- 
nications which  are  to  them  directed.  He  may,  at  his  discretion,  visit 
the  different  schools  in  his  county,  and  shall,  at  the  request  of  a  majority 
of  the  directors  of  a  district,  visit  the  school  in  said  district  at  least  once 
during  each  term. 

SEC.  1775.  He  shall  report  on  the  first  Tuesday  of  October  of  each 
year  to  the  superintendent  of  the  Iowa  college  for  the  blind,  the  name, 
age,  residence,  and  post  office  address  of  every  person  blind  to  such  an 
extent  as  to  be  unable  to  acquire  an  education  in  the  common  schools 
and  who  resides  in  the  county  in  which  he  is  superintendent,  and  also  to 
the  superintendent  of  the  Iowa  institution  for  the  deaf  and  dumb,  the 
name,  age,  and  post  office  address  of  every  deaf  and  dumb  person 
between  the  ages  of  five  and  twenty-one  who  resides  within  his  county, 
including  all  such  persons  as  may  be  deaf  to  such  an  extent  as  to  be 
unable  to  acquire  an  education  in  the  common  schools. 

SEC.  1774.  1.  The  county  attorney  is  the  legal  adviser  of  the  different  county 
officers.  Section  3,  chapter  73,  laws  of  1886.  He  should  be  freely  consulted  on 
questions  of  law  upon  which  the  superintendent  is  in  doubt. 

2.  The  superintendent  in  his  visits  should  seek    to  aid,  instruct,  and  inspire 
teachers  to  the  employment  of  the  best  methods  of  teaching,  governing,  and  con- 
ducting their  schools,  should  try  to  secure  the  proper  classification  of  scholars,  the 
arrangement  of  courses  of  study,  and  the  care  and  protection  of  school  property. 
He  should  study  to  awaken  among  parents  and  children  a  deeper  interest  in  the 
public  schools,  so  as  to  secure  improved  attendance,  deportment  and  scholarship, 

nd  more  frequent  visits  of  parents  and  school  officers.     A  judicious  visit  from  the 
perintendent  may  often  serve  to  infuse  new  life  into  the  school. 

3.  The  county  superintendent  should  carefully  observe  the  condition  of  the 
hool-house  and  surroundings,  note  all   defects,  and  notify  the  subdirector  or 
ard  of  the  same. 

SEC.  1775.  1.  The  blanks  for  these  reports  are  furnished  by  the  superintendents 
of  the  respective  institutions. 

2.    It  shall  be  the  duty  of  the  county  superintendent  to  report  to  the  superintend- 
ent of  the  institution  for  feeble-minded  children,  on  the  first  day  of  October  of 
fch  year,  the  name,  age  and  post  office  address  of  every  person  in  his  county 
tween  the  ages  of  five  and  twenty-one,   who  by  reason  of  feeble  mental  and 
5 


66  SCHOOL  LAWS  OF  IOWA. 

SEC.  17T6.  (As  amended  by  Chap.  161,  Laws  of  1882.)  The  county 
superintendent  shall  receive  from  the  county  treasurer  the  sum  of  four 
dollars  per  day  for  every  day  necessarily  engaged  in  the  performance  of 
official  duties,  and  also  the  necessary  stationery  and  postage  for  the  use 
of  his  office,  and  he  shall  be  entitled  to  such  additional  compensation  as 
the  board  of  supervisors  may  allow;  provided,  that  he  shall  first  file  a 
sworn  statement  of  the  time  he  has  been  employed  in  his  official  duties, 
with  the  county  auditor. 

TAXES. 

SECTION  17Y7.  The  board  of  directors  shall,  at  their  regular  meeting 
in  March  of  each  year,  or  at  a  special  meeting  convened  for  that  pur- 
pose, between  the  time  designated  for  such  regular  meeting  and  the 
third  Monday  in  May,  estimate  the  amount  required  for  the  contingent 
fund,  and  also  such  sum  as  may  be  required  for  the  teachers'  fund,  in 
addition  to  the  amount  received  from  the  semi-annual  apportionment,  as 
shown  by  the  notice  from  the  county  auditor,  to  support  the  schools'  of 
the  district  for  the  time  required  by  law  for  the  current  year;  and  shall 
cause  the  secretary  to  certify  the  same,  together  with  the  amount  voted 

physical  condition  is  deprived  of  a  reasonable  degree  of  benefit  from  the  common 
schools.  He  shall  also  state  in  said  report  whether  or  not  such  person  has  ever 
attended  school,  and  how  long,  if  at  all,  and  he  shall  also  give  the  post  office 
address  of  the  parent,  guardian,  or  nearest  friend  of  such  person.  Section  6, 
chapter  40,  laws  of  1882. 

SEC.  1776.  1.  The  board  of  supervisors  shall  furnish  the  county  superintendent 
with  an  office  at  the  county  seat,  together  with  fuel,  lights,  blanks,  books  and 
stationery  necessary  and  proper  to  enable  him  promptly  and  properly  to  discharge 
the  duties  of  his  office,  but  in  no  case  shall  such  officer  be  permitted  to  occupy  an 
office  also  occupied  by  a  practicing  attorney.  Section  3844,  Code. 

2.  The  board  of  supervisors  may  not  limit  the  county  superintendent  as  to  the 
number  of  days  he  shall  give  to  his  work,  in  order  to  comply  with  his  oath  of 
office.    Having  filed  his  sworn  statement  in  the  form  prescribed  by  the  board,  he 
is  entitled  to  his  per  diem  for  time  actually  employed.     If  he  has  filed  a  false  state- 
ment he  may  be  tried  for  maladministration  in  office,  as  provided  for  in  section  746, 
Code. 

3.  It  is  the  intention  of  the  law  that  each  county  superintendent  shall  deter- 
mine the  time  necessary  to  be  employed  in  the  duties  of  his  office,  and  the  division 
of  labor  to  be  made.     Of  course,  specific  duties  are  required,  such  as  making  cer- 
tain reports  at  times  designated,  visiting  a  school  if  requested  by  the  board,  and 
that  he  shall  conform  to  instructions  from  the  superintendent  of  public  instruction. 
But  in  general,  he  is  to  decide  for  himself,  as  indicated  in  his  oath  of  office,  what 
means  will  best  advance  the  work  in  his  county. 

SEC.  1777.  1.  This  section  requires  boards  to  certify  the  specific  sums  neces- 
sary to  be  raised  for  teachers'  and  contingent  fund  to  the  board  of  supervisors, 
whose  duty  it  is  to  estimate  and  levy  the  per  centum  necessary  to  raise  the  amounts 
so  certified.  Forms  36  and  37. 

2.  A  tax  voted  after  the  third  Monday  in  May  is  void.  This  renders  it  essential 
that  boards  act  promptly  and  certify  taxes  within  the  required  time.  73  Iowa,  304. 


SCHOOL  LAWS  OF  IOWA.  67 

for  school-house  purposes,  within  five  days  thereafter  to  the  board  of 
supervisors,  who  shall  at  the  time  of  levying  taxes  for  county  purposes, 
subject  to  the  provisions  of  section  seventeen  hundred  and  eighty  of  this 
chapter,  levy  the  per  centum  necessary  to  raise  the  sum  thus  certified 
upon  the  property  of  the  district  township,  which  shall  be  collected  and 
paid  over  as  are  other  district  taxes. 

SEC.  1778.  They  shall  apportion  any  tax  voted  by  the  district  town- 
ship meeting  for  school-house  fund,  among  the  several  subdistricts  in 
such  a  manner  as  justice  and  equity  may  require,  taking  as  the  basis  of 
such  apportionment  the  respective  amounts  previously  levied  upon  said 
subdistricts  for  the  use  of  such  fund;  provided,  that  if  the  electors  of  one 
or  more  subdistricts  at  their  last  annual  meeting  shall  have  voted  to  raise 
a  sum  for  school-house  purposes  greater  than  that  granted  by  the  electors 
at  their  last  annual  meeting  of  the  district  township,  they  shall  esti- 
mate the  amount  of  such  excess  on  such  subdistrict  or  subdistricts, 

3.  It  is  the  rule  that  school-house  funds  must  be  voted  by  the  electors.    Excep- 
tions, sections  1787,  1804,  1823,  and  3049.  • 

4.  It  is  wholly  within  the  discretion  or'  the  board  of  directors  to  determine  the 
amounts  required  for  the  contingent  and  teachers'  funds.     41   Iowa,  153.     Any 
vote  of  the  electors  with  reference  to  these  amounts  is  only  suggestive,  and  is  not 
at  all  binding. 

5.  Section  1780  limits  the  amount  which  may  be  levied  in  a  district  township 
for  any  one  year,  to  fifteen  dollars  per  scholar  for  teachers'  fund  and  five  dollars 
per  scholar  for  contingent  fund,  but  authorizes  the  levy  of  seventy-five  dollars  for 
contingent,  and  two  hundred  and  seventy  dollars  for  teachers'  fund  for  each  sub- 
district,  even  if  the  levy  thereby  exceeds  five  and  fifteen  dollars  per  scholar,  for 
these  funds. 

6.  If    the  amount  of    school-house  tax  voted  and  certified  by  the  board  of 
directors  in  any  year  exceeds  the  limit  which  the  board  of  supervisors  is  allowed 
to  levy,  under  the  provisions  of  section  1780,  it  is  the  duty  of  the  board  of  directors 
to  certify  the  amount  of  the  deficiency  from  year  to  year  until  the  whole  amount 
is  levied. 

7.  The  teachers'  and  contingent  funds  are  not  to  be  apportioned  among  the 
subdistricts,  but  levied  uniformly  on  the  taxable  property  of  the  district  township. 

8.  Chapter  67,  laws  of  1874,  authorizes  districts  formed  from  territory  lying  in 
adjoining  counties,  to  vote  and  certify  to  the  respective  boards  of  supervisors  the 
number  of  mills  on  the  dollar  required  to  raise  the  necessary  school  taxes. 

SEC.  1778.  1.  All  school-house  taxes  must  be  voted  either  by  the  district  or  by 
the  subaistrict  electors.  Sections  1717'  and  1807.  When  voted  they  must  in  all 
cases  be  certified  to  the  board  of  supervisors.  S.  L.  Decisions,  90.  . 

2.  For  the  purpose  of  collection,  all  taxes  voted  by  the  district  township  meet- 
ing must  be  apportioned  among  the  subdistricts  of  the  township.     The  basis  of 
this  apportionment  is  the  aggregate  number  of  mills  previously  levied  upon  the 
subdistricts  of  the  township  for  school-house  purposes,  and  the  division  should  be 
made  so  as  gradually  to  equalize  these  rates,  in  order  that  the  school-house  tax 
may,  ultimately,  be  uniform  throughout  the  district.     Form  37. 

3.  The  township  electors  may  vote  a  tax  for  the  erection  of  a  school-house  in 
any  subdistrict,  without  previous  action  of  the  subdistrict  electors. 


68  SCHOOL  LAWS  OF  IOWA. 

and  cause  the  secretary  to  certify  the  same  within  five  days  there" 
after  to  the  board  of  supervisors,  who  shall,  at  the  time  of  levying 
taxes  for  county  purposes,  levy  the  per  centum  of  such  excess  on  the 
taxable  property  of  the  subdistrict  asking  the  same,  provided  that  not 
more  than  fifteen  mills  on  the  dollar  shall  be  levied  on  the  taxable 
property  of  any  subdistrict  for  any  one  year  for  school-house  purposes. 

BOARD    OF    SUPERVISORS. 

SECTION  1779.  The  board  of  supervisors  of  each  county  shall,  at  the 
time  of  levying  the  taxes  for  county  purposes,  levy  a  tax  for  the  sup- 
port of  schools  within  the  county,  of  not  less  than  one  mill,  nor  more 
than  three  mills  on  the  dollar,  on  the  assessed  value  of  all  the  real  and 
personal  property  within  the  county,  which  shall  be  collected  by  the 
county  treasurer  at  the  time  and  in  the  same  manner  as  state  and  county 
taxes  are  collected,  except  that  it  shall  be  receivable  only  in  cash. 

SEC.  1780.  They  shall  also  levy  at  the  same  time  the  district  school 
tax  certified  to  them  from  time  to  time  by  the  respective  district  secre- 
taries; provided  that  the  amount  levied  for  school-house  fund  shall  not 
exceed  ten  mills  on  the  dollar,  on  the  property  of  any  district,  and  the 
amount  levied  for  contingent  fund  shall  not  exceed  five  dollars  per  pupil, 
and  the  amount  raised  for  teachers'  fund,  including  the  amount  received 
from  the  semi-annual  apportionment,  shall  not  exceed  fifteen  dollars  per 

4.  If  the  subdistrict  electors  vote  to  raise  a  sum  for  school-house  purposes,  it  is 
the  duty  of  the  subdirector  to  certify  the  same  to  the  district  township  meeting. 
If  this  duty  is  neglected,  the  board  of  directors  is  not  authorized  to  certify  the 
tax  voted.    Forms  5  and  88. 

5.  Whatever  portion  of  the  sum,  properly  certified,  the  district  meeting  neglects 
or  refuses  to  grant,  must  be  certified  and  levied  directly  upon  the  subdistrict 
voting,  in  addition  to  the  equitable  portion  of  the  whole  amount  voted  by  the  dis- 
trict township  meeting.     If  the  meeting  refuses  to  vote  any  amount,  the  whole 
must  be  certified  and  levied  upon  the  subdistrict.    69  Iowa,  533.     S.  L.  Decisions? 
52  and  90. 

6.  The  tendency  of  the  action  of  the  subdistrict  electors  in  voting  school-house 
taxes  is  to  produce  unequal  rates  of  taxation  for  school-house  purposes,  and  other- 
wise greatly  to  complicate  the  raising  of  school-house  funds;  hence,  unless  the 
necessities  of  the  case  absolutely  require,  such  action  should  not  be  encouraged. 
All  necessary  school-house  taxes  should,  as  a  rule,  be  voted  by  the  district  town- 
ship meeting.     Note  (c)  to  form  3. 

SEC.  1780.  1.  The  first  proviso  does  not  apply  where  a  larger  tax  is  required 
to  meet  the  interest  on  valid  outstanding  bonds.  69  Iowa,  612. 

2.  The  second  proviso  in  this  section  was  added  for  the  relief  of  sparsely  settled 
townships,  in  which  five  dollars  per  scholar  for  contingent  fund  and  fifteen  dollars 
per  scholar  for  teachers'  fund,  is  not  adequate  to  maintain  schools  for  the  time 
required  by  law.  In  such  districts  these  limits  may  be  exceeded,  providing  that 
not  more  than  $75  contingent  fund,  and  $270,  including  the  semi-annual  apportion- 
ment, for  teachers'  fund,  is  levied  for  each  subdistrict  in  the  township. 


SCHOOL  LAWS  OF  IOWA.  69 

pupil  for  each  pupil  residing  in  the  district,  as  shown  by  the  last  report 
of  the  county  superintendent.  And  if  the  amount  certified  to  the  board 
of  supervisors  exceeds  this  limit,  they  shall  levy  only  to  the  amount  lim- 
ited; provided  that  they  may  levy  seventy -five  dollars  for  contingent 
fund,  and  two  hundred  and  seventy  dollars,  including  the  amount 
received  from  the  semi-annual  apportionment,  for  the  teachers'  fund  for 
each  subdistrict. 

COUNTY    AUDITOR. 

SECTION  1781.  The  county  auditor  shall,  on  the  first  Monday  in  April 
and  the  fourth  Monday  in  September  of  each  year,  apportion  the  county 
school  tax,  together  with  the  interest  of  the  permanent  school  fund  to 
which  his  county  is  entitled,  and  all  other  money  in  the  hands  of  the 
county  treasurer  belonging  in  common  to  the  schools  of  his  county,  and 
not  included  in  any  previous  apportionment,  among  the  several  subdis- 
tricts  therein,  in  proportion  to  the  number  of  persons  between  five  and 
twenty-one  years  of  age,  as  shown  by  the  report  of  the  county  superin- 
tendent, filed  with  him  for  the  year  immediately  preceding. 

SEC.  1782.  He  shall  immediately  notify  the  president  of  each  school 
district  of  the  sum  to  which  his  district  is  entitled  by  said  apportionment, 
and  shall  issue  his  warrant  for  the  same  to  accompany  said  notice,  which 
warrant  shall  be  also  signed  by  the  president  and  countersigned  by  the 
secretary  of  the  district  in  whose  favor  the  same  is  drawn;  and  shall 
authorize  the  district  treasurer  to  draw  the  amount  due  said  district  from 
the  county  treasurer;  and  the  secretary  shall  charge  the  treasurer  of  the 
district  with  all  warrants  drawn  in  his  favor,  and  credit  him  with  all  war- 
rants drawn  on  the  funds  in  his  hands,  keeping  separate  accounts  with 
each  fund. 

SEC.  1783.  He  shall  forward  to  the  superintendent  of  public  instruc- 
tion, a  certificate  of  the  election  or  appointment  and  qualification  of  the 
county  superintendent;  and  shall,  also,  on  the  second  Monday,  in  Feb- 

SEC.  1781.  The  word  subdistricts  in  the  sixth  and  seventh  lines  of  this  section, 
evidently  means  the  present  district. 

SEC.  1783.  This  account,  pfoperly  kept  by  the  secretary,  will  assist  boards  in 
leir  frequent  settlements  with  the  treasurer,  as  required  by  section  1732.  Form  39 . 
SEC.  1783.  It  is  important  that  the  certificate  referred  to,  should  be  promptly 
>rwarded  to  the  superintendent  of  public  instruction,  otherwise  the  interests  of 
ic  county  may  suffer  by  the  transaction  of  business  with  persons  not  duly  author- 
ed to  act.  The  certificate  should  in  all  cases  certify  to  the  qualification,  as  well 
the  election  or  appointment  of  the  county  superintendent;  for,  although  he  may 
properly  elected  or  appointed,  yet  he  cannot  be  recognized  until  it  is  known 
lat  he  has  taken  the  necessary  oath  of  office,  and  filed  the  required  bond.  When- 
ever any  change  is  made  by  resignation  or  otherwise,  a  certificate  of  the  appoint- 
lent  and  qualification  of  a  successor  should  be  immediately  forwarded.  Forms 
and  41. 


TO  SCHOOL  LAWS  OF  IOWA. 

ruary  and  August  of  each  year,  make  out  and  transmit  to  the  auditor  of 
state,  in  accordance  with  such  form  as  said  auditor  may  prescribe,  a 
report  of  the  interest  of  the  school  fund  then  in  the  hands  of  the  county 
treasurer,  and  not  included  in  any  previous  apportionment,  and  also  the 
amount  of  said  interest  remaining  unpaid. 

COUNTY   TKEASUREK. 

SECTION  1784.  The  county  treasurer  shall,  on  the  first  Monday  in 
April  of  each  year,  pay  over  to  the  treasurer  of  the  district,  the"  amount 
of  all  school  district  tax  which  shall  have  been  collected,  and  shall 
render  him  a  statement  of  the  amount  uncollected,  and  shall  pay  over 
the  amount  in  his  hands  quarterly,  thereafter.  He  shall  also  keep  the 
amount  of  tax  levied  for  school-house  purposes,  separate  in  each  subdis- 
trict,  where  such  levy  has  been  made  directly  upon  the  property  of  the 
subdistrict  making  the  application,  and  shall  pay  over  the  same,  quar- 
terly, to  the  township  treasurer  for  the  benefit  of  such  subdistrict.  He 
shall,  in  all  counties  wherein  independent  districts  are  organized,  keep 
a  separate  account  with  said  independent  districts,  in  which  the  receipts 
shall  be  daily  entered,  which  books  shall  at  all  times  be  open  to  the 
inspection  and  examination  of  the  district  board  of  directors,  and  shall 
pay  over  to  the  said  independent  districts  the  amount  of  school  taxes  in 
his  possession  on  the  order  of  the  board,  on  the  first  day  of  each  and 
every  month. 

SEC.  1785.  On  the  first  day  of  each  quarter,  the  county  treasurer  shall 
give  notice  to  the  president  of  the  school  board  of  each  township,  in  his 
county,  of  the  amount  collected  for  each  fund;  and  the  president  of  each 
board  shall  draw  his  warrant,  countersigned  by  the  secretary,  upon  the 
county  treasurer,  for  such  amount,  who  shall  pay  the  amount  of  such 
taxes  to  the  treasurers  of  the  several  school  boards,  only  on  such  war- 
rants. 

MISCELLANEOUS. 

SECTION  1786.  (As  amended  by  Chap.  73,  Laws  of  1886.)  All  fines 
and  penalties  collected  from  a  school  district  Officer  by  virtue  of  any  of 

SEC.  1785.  1.  The  three  funds,  school-house,  teachers'  and  contingent,  must  be 
kept  separate  by  the  county  treasurer,  as  directed  in  this  section,  to  enable  school 
officers  to  comply  with  the  law  in  the  discharge  of  their  official  duties.  Sections 
1739,  1741,  1745,  1748,  1750,  and  1782.  Form  42. 

2.  The  division  of  funds  made  by  the  county  treasurer  should  be  respected  by 
the  board,  unless  the  electors  direct  school-house  funds  unappropriated  transferred 
to  other  funds.  This  is  the  only  transfer  provided  for  by  law.  Note  14  to  section 
1717  and  note  7  to  section  1748. 

SEC.  1786.  The  sureties  on  an  official  bond  cannot  be  held  after  the  lapse  of 
three  years.  Section  2529,  Code. 


SCHOOL  LAWS  OF  IOWA.  71 

the  provisions  of  this  chapter,  shall  inure  to  the  benefit  of  that  particu- 
lar district.  Those  collected  from  any  member  of  the  board  of  directors, 
shall  belong  to  the  district  township,  and  those  collected  from  county 
officers,  to  the  county.  In  the  two  former  cases,  suit  shall  be  brought 
in  the  name  of  the  district  township;  in  the  latter,  in  the  name^of  Jhe 
county  and  by  the  county  attorney.  The  amount  in  each  case  shall  be 
added  to  the  fund  next  to  be  applied  by  the  recipient,  for  the  use  of 
common  schools. 

SEC.  1787.  When  a  judgment  has  been  obtained  against  a  school 
district,  the  board  of  directors  shall  pay  off  and  satisfy  the  same  from  the 
proper  fund,  by  an  order  on  the  treasurer;  and  the  district  meeting,  at 
the  time  for  voting  a  tax  for  the  payment  of  other  liabilities  of  the  dis- 
trict, shall  provide  for  the  payment  of  such  order  or  orders. 

SEC.  1788.  In  case  a  school  district  has  borrowed  money  of  the 
school  fund,  the  board  of  supervisors  shall  levy  such  tax,  not  exceeding 
five  mills  on  the  dollar  in  any  one  year,  on  the  taxable  property  of  the 
district  as  constituted  at  the  time  of  making  such  loan,  as  may  be 
necessary  to  pay  the  annual  interest  on  said  loan,  and  the  principal, 
when  the  same  falls  due,  unless  the  board  of  supervisors  shall  see  proper 
to  extend  the  time  of  said  loan. 

SEC.  1789.  (As  amended  by  Chap.  51,  Laws  of  1888.)  No  district 
township  or  subdistrict  meeting  shall  organize  earlier  than  nine  o'clock 
A.  M.,  nor  adjourn  before  12  o'clock  M.  ;  and  in  all  independent  districts 
having  a  population  of  three  hundred  and  upward,  the, polls  shall  remain 
open  from  twelve  o  clock  M.  to  seven  o'clock  p.  M. 

SEC.  1790.  Any  school  director,  or  director  elect,  is  authorized  to 
administer  to  any  school  director  elect,  the  official  oath  required  by  law, 

SEC.  1787.  An  order  drawn  under  this  section  is  not  entitled  to  payment  to  the 
exclusion  of  other  orders  on  the  school-house  fund.  40  Iowa,  620.  Note  3  to  sec- 
tion 1747. 

SEC.  1789.  1.  The  object  of  this  section  is  to  prevent  a  few  designing  persons 
from  meeting  at  an  unusual  hour,  dispatching  the  business  with  unseemly  haste, 
and  adjourning  before  many  of  the  electors  arrive.  The  meeting  should  be  con- 
ducted with  entire  fairness,  and  an  opportunity  given  for  an  expression  of  the 
real  sentiment  of  the  district. 

2.  In  district  townships,  subdistricts,  and  in  independent  districts  containing 
than  three  hundred  inhabitants,  the  meeting  may  be  organized  at  any  time 

fter  9  o'clock  a.  m.,  and  before  6  o'clock  p.  m.,  and  may  continue  as  much  more 
lan  three  hours  as  the  circumstances  may  require. 

3.  The  law  contemplates  at  least  three  hours  for  the  election  in  any  case.   Iowa 
Reports,  37,  131;  39,  380.    Note  2  to  section  1718. 

4.  Independent  districts  of  15,000  and  up  wards  are  not  governed  by  this  section. 
Chapter  8,  laws  of  1880. 

SEC.  1790.  1.  When  an  election  is  contested,  the  person  elected  shall  have 
twenty  days  in  which  to  qualify,  after  the  date  of  the  decision.  Section  687,  Code. 


72  SCHOOL  LAWS  Oi   IOWA. 

and  said  official  oath  may  be  taken,  on  or  before  the  third  Monday  in 
March  following  the  election  of  directors. 

SEC.  1791.  When  any  school  officer  is  superseded  by  election  or 
otherwise,  he  shall  immediately  deliver  to  his  successor  in  office,  all 
books,  papers,  and  moneys  pertaining  to  his  office,  taking  a  receipt 
therefor;  and  every  such  officer  who  shall  refuse  to  do  so,  or  who  shall 
willfully  mutilate  or  destroy  any  such  books  or  papers,  or  any  part 
thereof,  or  shall  misapply  any  moneys  entrusted  to  him  by  virtue  of  his 
office,  shall  be  liable  to  the  provisions  of  the  general  statutes  for  the 
punishment  of  such  offense. 

SEC.  1792.  Nothing  in  this  chapter  shall  be  so  construed  as  to  ffive 
the  board  of  directors  of  a  district  township  jurisdiction  over  any  terri- 
tory included  within  the  limits  of  any  independent  district. 

ATTENDANCE. 

CHAPTER  166,  LAWS  OF  1878. 
TUITION  OF  PAUPEK  CHILDREN. 

SECTION  1.  Section  1381  of  the  Code  is  hereby  amended  by  adding  at 
the  end  of  the  section:  The  expense  of  the  poor-house  shall  include 
such  an  amount  of  tuition  for  the  instruction  of  the  pauper  children,  as 
the  whole  number  of  days'  attendance  of  such  pauper  children,  is  to  the 
total  number  of  days'  attendance  in  the  school  at  which  pauper  children 
attend,  and  such  amount  shall  be  paid  into  the  treasury  of  the  district 
where  said  children  attend. 

SECTION  1793.  (As  amended  by  Chap.  64,  Laws  of  1876,  and  Chap. 
41,  Laws  of  1878.)  Children  residing  in  one  district  may  attend  school 
in  another  in  the  same  or  adjoining  county  or  township,  on  such  terms 
as  may  be  agreed  upon  by  the  respective  boards  of  directors;  but  in  case 
no  such  agreement  is  made,  they  may  attend  school  in  any  such  adjoin- 
ing district,  with  the  consent  of  the  county  superintendent  of  the  county 
where  said  pupils  reside  and  the  board  of  directors  of  said  adjoining 

2.  The  secretary,  unless  he  is  a  member  of  the  board,  or  a  civil  officer  qualified 
to  administer  oaths,  cannot  administer  the  oath.     Any  director  or  subdirector, 
whether  holding  over  or  elected,  can  administer  the  oath  of  qualification. 

3.  The  decision  of  a  tie  vote,  as  made  by  chapter  7,  laws  of  1880,  may  make  it  im- 
possible for  the  person  chosen  to  qualify  on  the  third  Monday  in  March.     In  such 
case,  the  board  should  fix  a  reasonable  time  within  which  the  person  must  qualify. 
The  provisions  of  section  687,  Code,  may  perhaps  apply.    See  note  1  above. 

SEC.  1791.  The  language  of  this  section  includes  copies  of  the  school  laws, 
school  journals,  reports,  and  all  other  publications  which  may  be  received  by 
virtue  of  being  a  school  officer.  Sections  3908,  3917,  3918,  and  3929,  Code. 

SEC.  1793.  1.  If  scholars  reside  more  than  one  and  one-half  miles  from  a 
school  in  their  own  district  and  nearer  to  a  school  in  an  adjoining  district,  which 
they  desire  to  attend,  application  should  first  be  made  to  both  boards  of  directors; 


SCHOOL  LAWS  OF  IOWA.  73 

district,  when  they  reside  nearer  the  school  in  said  district,  and  one 
and  a  half  miles  or  more,  by  the  nearest  traveled  highway,  from  any 
school  in  their  own.  The  board  of  directors  of  the  township  in  which 
such  children  reside,  shall  be  notified  in  writing  and  the  district 
in  which  they  reside  shall  pay  to  the  district  in  which  they  jittend 
school,  the  average  tuition  of  said  children  per  week,  and  an  average 
proportion  of  the  contingent  expenses  of  said  district  where  they  attend 
school;  and  in  case  of  refusal  so  to  do,  the  secretary  shall  file  the  account 
for  said  tuition  and  contingent  expenses,  certified  to  by  the  president  of 
his  board,  with  the  county  auditor  of  the  county  in  which  said  children 
reside,  and  the  said  county  auditor  shall,  at  the  time  of  making  the  next 
semi-annual  apportionment  thereafter,  deduct  the  amount  so  certified 

if  the  boards  refuse  to  enter  into  an  agreement,  they  may  attend  school  in  such 
adjoining  district  with  the  consent  of  the  board  of  the  district  where  they  desire  to 
attend  and  of  the  county  superintendent  of  the  county  in  which  the  children 
reside. 

2.  There  is  no  provision  of  law  by  which  the  district  may  pay  the  board  or 
other  expenses  of  scholars,  except  tuition  and  contingent  expenses. 

3.  In  giving  or  withholding  his  consent,  the  county  superintendent  should  con- 
sider all  the  circumstances,  and  when  he  has  concurred  or  refused  to  concur,  the 
matter  is  concluded  for  that  time,  as  no  appeal  will  lie. 

4.  This  section  applies  also  to  all  districts,  whether  in  the  same  or  in  adjoining 
civil  townships. 

5.  The  distance  should,  in  all  cases,  be  computed  by  the  nearest  public  road. 

6.  If  scholars  live  nearer  to  a  school  in  their  own  district,  or  less  than  one  and 
one-half  miles  of  one,  they  can  attend  school  in  an  adjoining  district  at  the  expense 
of  their  own  district,  only  by  an  agreement  of  both  boards. 

7.  In  no  case  may  scholars  attend  school  in  a  district  in  which  they  do  not 
reside,  without  the  consent  of  the  board  thereof. 

8.  The  notice  referred  to  cannot  be  said  to  be  officially  transmitted  unless 
signed  by  both  the  president  and  secretary.     Payment  for  attendance  can  be  col- 
lected from  the  district  where  the  children  reside,   only  from  the  date  of  such 
notice.     Form  43. 

9.  This  notice  holds  only  for  the  term,  or  such  time  as  the  county  superintend- 
ent and  board  name  in  their  written  concurrent  agreement. 

10.  Depositing  a  letter  in  a  postoffice  without  further  proof  that    such  letter 
reached  the  party  addressed,  is  not  a  legal  notice  as  required  by  section  1793  to 
secure  payment  of  tuition  on  the  part  of  an  adjoining  district. 

11.  The  average  proportion  of  tuition  and  contingent  expenses  for  any  number 
of  scholars  is  found  by  dividing  the  amount  expended  for  these. purposes  in  the 
subdistrict  where  they  have  attended,  by  the  total  attendance  in  days,  and  multi- 
plying the  quotient  by  the  number  of  days  said  scholars  have  attended. 

12.  When  scholars  attend  a  graded  school,  the  average  tuition  should  be  com- 
puted on  the  basis  of  the  expense  of  each  pupil  in  the  grade  or  room  in  which 
such  scholars  are  placed;  the  average  expense  of  contingent  fund  may  be  computed 
as  a  part  of  the  whole  contingent  expense  of  such  school. 

13.  Any  other  action  than  compliance  with  the  absolute  and  explicit  terms  of 
law,  will  render  the  collection  of  tuition  difficult  and  in  most  cases  impossible. 

>.  L.  Decisions,  77  and  118. 


74  SCHOOL  LAWS  OF  IOWA. 

from  the  sum  apportioned  to  the  district  in  which  said  children  reside 
and  cause  it  to  be  paid  over  to  the  district  in  which  they  have  attended 
school. 

SEC.  1794.  Pupils  who  are  actual  residents  of  a  district  shall  be  per- 
mitted to  attend  school  in  the  same,  regardless  of  the  time  when  they 
acquired  such  residence,  whether  before  or  after  the  enumeration,  or  of 
the  residence  of  their  parents  or  guardians;  but  pupils  who  are  sojourn- 
ing temporarily  in  one  district,  while  their  actual  residence  is  in  another, 
and  to  whom  the  last  preceding  section  is  not  applicable,  may  attend 
school  upon  such  terms  as  the  board  of  directors  may  deem  just  and 
equitable. 

SEC.  1795.  Pupils  may  attend  school  in  any  subdistrict  of  the  district 
township  in  which  they  reside,  with  the  consent  of  the  subdirector  of 
such  subdistrict,  and  of  the  subdirector  of  the  subdistrict  in  which  such 
pupils  reside. 

BOUNDARIES. 

SEC.  1796.  The  board  of  directors  shall,  at  their  regular  meeting  in 
September,  or  at  any  special  meeting  called  thereafter  for  that  purpose, 
divide  their  township  into  subdistricts,  such  as  justice,  equity,  and  the 
interests  of  the  people  require;  and  may  make  such  alterations  of  the 
boundaries  of  subdistricts  heretofore  formed,  as  may  be  deemed  neces- 
sary; and  shall  designate  such  subdistricts,  and  all  subsequent  alterations, 

SEC.  1794.  1.  The  residence  of  the  scholar,  and  not  of  the  parent,  determines 
his  right  to  attend  school.  The  parent  may  reside  in  one  district,  and  the  child  in 
another.  If  the  parent  sends  him  into  another  district  to  remain  for  a  limited 
period,  he  may  attend  school  only  on  such  terms  as  are  prescribed  by  the  board. 
S.  L.  Decisions,  53  and  130. 

2.  In  determining  whether  a  person  is  entitled  to  attendance  free  of  tuition,  the 
board  may  take  any  impartial  method  of  deciding  the  question. 

3.  Parties  may  be  required  to  satisfy  the  board  that  their  residence  is  actual, 
before  being  admitted  to  free  attendance.     But  the  board  may  not  compel  any 
person  to  declare  how  long  he  intends  to  remain  a  resident  of  the  district. 

4.  Any  one  aggrieved  by  the  order  of  the  board  admitting,  or  refusing  to 
admit,  a  scholar,  has  the  remedy  of  appeal. 

SEC.  1795.  In  order  that  scholars  may  attend  in  another  subdistrict  in  their 
own  township,  it  is  necessary  to  have  the  consent  of  both  subdirectors.  As  this 
matter  is  placed  in  the  hands  of  the  respective  subdirectors,  the  board  has  no  con- 
trol, and  the  only  remedy  for  refusal  is  such  a  redistricting,  under  section  1796,  as 
will  better  accommodate  all  parties. 

SEC.  1796.  1.  While  this  section  provides  that  boards  may  change  subdistrict 
boundaries  at  the  regular  meeting  in  September,  or  at  a  special  meeting  called  for 
that  purpose,  it  must  be  understood  that  such  change  cannot  be  made  so  late  as  to 
prevent  the  notices  of  election  from  being  given  at  least  live  days  previous  to  the 
subdistrict  elections,  as  required  by  section  1718.  S.  L.  Decisions,  124. 

2.  It  requires  a  vote  of  a  majority  of  all  the  members  of  the  board  to  make  any 
change  in  the  boundaries  of  subdistricts.  Section  1738. 


SCHOOL  LAWS  OF  IOWA.  75 

in  a  distinct  and  legible  manner,  upon  a  plat  of  the  district  provided  for 
that  purpose;  and  shall  cause  a  written  description  of  the  same  to  be 
recorded  in  the  district  records,  a  copy  of  which  shall  be  delivered  by 
the  secretary  to  the  county  treasurer,  and  also  to  the  county  auditor,  who 
shall  record  the  same  in  his  office;  provided  that  the  boundaries  of  sub- 
districts  shall  conform  to  the  lines  of  congressional  divisions  of  land; 
and  that  the  formation  and  alteration  of  subdistricts  as  contemplated  in 
this  section  shall  not  take  effect  until  the  next  subdistrict  election  there- 
after, at  which  election  a  subdirector  shall  be  elected  for  the  new  sub- 
district. 

SEC.  1797.  In  cases  where,  by  reason  of  streams  or  other  natural 
obstacles,  any  portion  of  the  inhabitants  of  any  school  district  cannot, 
in  the  opinion  of  the  county  superintendent,  with  reasonable  facility, 
enjoy  the  advantages  of  any  school  in  their  township,  the  said  county 
superintendent,  with  the  consent  of  the  board  of  directors  of  such  dis- 
trict as  may  be  affected  thereby,  may  attach  such  part  of  said  township  to 
an  adjoining  township,  and  the  order  therefor  shall  be  transmitted  to  the 
secretary  of  each  district,  and  be  by  him  recorded  in  his  records,  and  the 
proper  entry  made  on  his  plat  of  the  district. 

3.  It  is  especially  important  that  the  county  auditor  and  treasurer  be  officially 
notified  by  the  district  secretary,  whenever  any  changes  are  made  in  district 
boundaries,  by  the  formation  of  independent  districts  and  otherwise,  to  enable 
these  officers  to  perform  their  duties  in  the  levies  of  taxes,  and  the  apportionment 
and  disbursement  of  school  funds. 

4.  By  congressional  divisions  of  land  is  meant  those  divisions  authorized  by 
congress  in  government  surveys,  of  which  the  smallest  is,  in  general,  one-sixteenth 
of  a  section,  or  a  tract  of  forty  acres  in  a  square  form.     Government  lines,  how- 
ever, sometimes  meander  along  streams  and  other  bodies  of  water,  and  divisions 
of  land  are  thus  formed  of  less  than  forty  acres.    S.  L.  Decisions,  80. 

SEC.  1797.  1.  This  section  contains  the  only  provision  of  law  under  which  a 
subdistrict  can  be  formed  from  parts  of  two  or  more  civil  townships.  The  law 
should  be  strictly  complied  with,  or  the  proceedings  will  be  invalid. 

2.  Such  subdistricts  can  be  formed  only  by  concurrent  action  of  the  board 
of  the  district  from  which  the  territory  is  taken  and  the  county  superintendent. 
62  Iowa,  616. 

3.  As  the  county  superintendent  has  original  concurrent  jurisdiction,  no  ap- 
peal can  be  taken  from  the  refusal  of  the  board  to  give  consent.     From  the  order 
of  the  county  superintendent  an  appeal  may  be  taken  to  determine  whether  the 
law  was  fulfilled,  but  not  for  the  purpose  of  controlling  his  discretion  in  any  way, 
if  the  intent  of  the  law  was  met.     S.  L.  Decisions,  117. 

4.  The  natural  obstacle  must  be  a  large  stream    unbridged,    an  impassable 
slough,  the  entire  absence  of  a  public  highway,  or  some  such  natural  insurmount- 
able difficulty. 

5.  Streams  well  bridged  and  distance  are  not  natural  obstacles  in  the  contem- 
plation of  the  law. 

6.  Subdistricts  cannot  be  formed  from  portions  of  two  counties. 


76  SCHOOL  LAWS  OF   IOWA. 

SEC.  1798.  (As  amended  by  Chap.  Ill,  Laws  of  1880,  and  Chap. 
160,  Laws  of  1882.)  In  all  cases  where  territory  has  been,  or  may 
be,  set  into  an  adjoining  county  or  township,  or  attached  to  any 
independent  school  district  in  any  adjoining  county  or  township, 
for  school  purposes,  such  territory  may  be  restored  by  the  concur- 
rence of  the  respective  boards  of  directors;  but  on  the  written  appli- 
cation of  two-thirds  of  the  electors  residing  upon  the  territory  within 
such  township  or  independent  district  in  which  the  school-house 
is  not  situated,  the  said  boards  shall  restore  the  territory  to  the  dis- 
trict to  which  it  geographically  belongs;  provided  however  that  no 
such  restoration  shall  be  made  unless  there  are  fifteen  or  more  pupils 
between  the  ages  of  five  and  twenty-one  years,  actually  residing  upon 
said  territory  sought  to  be  restored,  and  not  until  tliere  has  been  a  suit- 
able school-house  erected  and  completed,  within  the  limits  of  said  terri- 
tory suitable  for  school  purposes. 

SEC.  1799.  The  boundary  lines  of  a  civil  township  shall 'not  be  changed 
by  the  board  of  supervisors  of  any  county,  so  as  to  divide  any  school 
district  by  changing  the  boundary  lines  thereof,  except  when  a  majority 
of  the  voters  of  such  district  shall  petition  therefor;  provided  however 
that  this  shall  not  prevent  the  change  of  the  boundary  lines  of  any  civil 
township,  when  such  change  is  made  by  adopting  the  lines  of  congres- 
sional townships. 

FORMATION    OF    INDEPENDENT   DISTRICTS. 

SECTION  1800.  (As  amended  by  Chap.  139,  Laws  of  1880.)  Any  city, 
town  or  village  containing  not  less  than  two  hundred  inhabitants  within 

SEC.  1798.  1.  It  will  be  noticed  that  two  distinct  and  separate  methods  are 
provided  by  this  section.  78  Iowa,  550. 

2.  When  two-thirds  petition,  the  remedy  is  not  mandamus,  but  appeal  from 
the  refusal  of  the  board  last  acting.     73  Iowa,  134. 

3.  The  restoration  may  take  effect  at  any  time  agreed  upon,  but  if  no  agree- 
ment is  made,  it  will  take  effect  the  following  March.    59  Iowa,  109. 

4.  When  the  boundaries  of  districts  are  changed,  the  territory  transferred 
carries  with  it  a  just  proportion  of  all  assets  and  liabilities  of  the  district  from 
which  it  is  taken.     58  Iowa,  77. 

SEC.  1799.  1.  District  township  boundaries  must  conform  to  the  boundaries  of 
civil  townships  under  the  provisions  of  section  1713. 

2.  The  boundaries  of  independent  districts  are  not  affected  by  the  change  of 
civil  township  boundaries. 

3.  The  words  school  district  in  this  section  mean  also  subdistrict.     Section  379, 
Code. 

SEC.  1800.  1.  The  two  hundred  inhabitants  must  be  contained  within  the  limits 
of  the  town  or  village.  70  Iowa,  434.  Additional  territory  should  be  given  by 
the  board  in  forming  the  new  independent  district.  Usually,  territory  equivalent 
to  about  four  government  sections,  will  constitute  a  proper  district. 

2.  An  independent  district  cannot  be  formed  from  a  city,  town  or  village  situ- 
ated within  an  independent  district,  because  no  district  township  board  can  estab- 
ish  the  boundaries,  as  provided  by  sections  1801  and  1805. 


SCHOOL  LAWS  OF  IOWA.  77 

its  limits,  may  be  constituted  a  separate  school  district;  and  territory 
contiguous  to  such  city,  town  or  village,  may  be  included  with  it  as  a 
part  of  said  separate  district,  in  the  manner  hereinafter  provided.  The 
village  herein  mentioned  shall  be  understood  to  be  a  collection  of  inhab- 

& 

itants  residing  within  the  limits  of  a  town  plat,  and  not  organized  into  a 
city  or  incorporated  town. 

SEC.  1801.  At  the  written  request  of  any  ten  legal  voters  residing  in 
such  city  or  town,  the  board  of  directors  of  the  district  township  shall 
establish  the  boundaries  of  the  contemplated  school  district,  including 
such  contiguous  territory  as  may  best  subserve  the  convenience  of  the 
people  for  school  purposes,  and  shall  give  at  least  ten  days'  previous 
notice  of  the  time  and  place  of  meeting  of  the  electors  residing  in  said 
district,  by  posting  written  notices  in  at  least  five  conspicuous  places 
therein;  at  which  meeting  the  said  electors  shall  vote  by  ballot,  for  or 
against,  a  separate  organization. 

SEC.  1802.  (As  amended  by  Chap.  27,  Laws  of  1874,  and  Chap.  145, 
Laws  of  1880.)  Should  a  majority  of  votes  be  cast  in  favor  of  such  sep- 
arate organization,  the  board  of  directors  of  the  district  township,  shall 
give  similar  notice  of  a  meeting  of  the  electors  for  the  election  of  six 
directors.  Two  of  these  directors  shall  hold  their  office  until  the  first 

SEC.  1801.  1.  The  contemplated  independent  district  must  include  all  of  the 
city,  town  or  village,  and  may  include  as  much  contiguous  territory  as  the  board 
thinks  proper.  It  is  not  limited  by  subdistrict  lines,  but  may,  if  necessary,  include 
a  part  or  all  of  two  or  more  subdistricts.  S.  L.  Decisions,  113  and  133. 

2.  When  the  boundaries  extend  beyond  the  limits  of  a  town  or  city,  they  must 
conform  to  lines  of  congressional  divisions  of  land.     Note  1  to  section  1800. 

3.  The  board  of  the  district  township  in  which  a  majority  of  the  voters  of  the 
contemplated  independent  district  reside,  may  establish  the  boundaries  of  said 
district  without  the  concurrence  of  any  other  board,  even  when  said  territory  is 
taken  from  two  or  more  civil  townships  in  the  same  or  adjoining  counties.     Sec- 
tion 1805. 

4.  The  notices  of  the  election  to  determine  the  question  of  a  separate  organiza- 
ion  should  state  clearly  the  boundaries  of  the  proposed  district. 

5.  All  of  the  electors  residing  within  the  proposed  limits  must  be  permitted  to 
rote  on  the  question  of  separate  organization.     17  Iowa,  85. 

The  president  and  secretary  of  the  district  township  should  act  as  chairman 
id  secretary  of  this  meeting,  and  as  judges  of  election;  in  their  absence  a  chair- 
lan  and  secretary  should  be  chosen  by  the  electors. 

7.    At  the  meeting  to  determine  the  question  of  separate  organization  the  polls 
mst  remain  open  from  9  o'clock  a.  m.  until  4  o'clock  p.  m.     34  Iowa,  306. 
SEC.  1802.    1.     The  first  board  will  enter  upon  the  discharge  of  official  duties  as 
>on  as  qualified,  and  organize  by  electing  a  president,  a  secretary  and  a  treasurer; 
term  of  office  of  the  president  will  expire  on  the  third  Monday  in  March  fol- 
>wing  his  election,  of  the  secretary  and    treasurer    on    the  third    Monday  in 
September  after  their  election. 

2.    The  secretary  should  immediately  file  with  the  county    superintendent, 
mditor  and  treasurer,  each,  a  certificate,  showing  the  officers  of  the  board,  and 


78  SCHOOL  LAWS  OF  IOWA. 

annual  meeting  after  their  election,  and  until  their  successors  are  elected 
and  qualified;  two  until  the  second,  and  two  until  the  third  annual  meet- 
ing thereafter;  their  respective  terms  of  office  to  be  determined  by  lot. 
The  six  directors  shall  constitute  a  board  of  directors  for  the  district,  and 
they  shall,  at  their  first  regular  meeting  in  each  year,  elect  a  president 
from  their  own  number;  and  at  their  meeting  on  the  third  Monday  of 
September  in  each  year,  a  secretary  and  treasurer  to  be  chosen  outside 
of  the  board;  provided  that  in  all  independent  districts  having  a  popu- 
lation of  less  than  five  hundred,  there  shall  be  three  directors  elected, 
who  shall  organize  by  electing  a  president  from  their  own  number,  also 
a  secretary,  who  may  or  may  not  be  a  member  of  the  board,  and  a  treas- 
urer, who  shall  not  be  a  member  of  the  board;  and  provided  further 
that  in  all  independent  districts  already  organized,  the  terms  of  office  of 
such  directors  as  may  have  been  chosen  previous  to  the  taking  effect  of 
this  section  for  two  or  three  years,  shall  not  be  interfered  with  by  its 
passage. 

their  post  office  address,  and  should  notify  them  of  all  subsequent  changes  made 
in  the  officers  of  the  board.  Section  1786  and  note. 

3.  In  all  independent  districts  the  president  is  chosen  by  the  board  from  their 
own  number  on  the  third  Monday  in  March.    He  has  the  right  to  vote  on  all 
questions  coming  before  the  board.    Note  3  to  section  1739. 

4.  The  secretary  and  treasurer  are  elected  on  the  third  Monday  in  September. 
In  districts  containing  over  live  hundred  inhabitants,  they  must  be  chosen  outside 
of  the  board.    In  districts  containing  lese,  the  secretary  may  or  may  not  be  chosen 
from  the  board,  but  the  treasurer  must  be  chosen  outside  the  board.    If  a  member 
of  the  board,  of  course  the  secretary  has  a  vote. 

5.  The  secretary  and  treasurer  have  ten  days  in  which  to  qualify.     Section  1721. 

6.  Where  the  law  requires  a  certain  duty  to  be  performed  by  the  board  upon  a 
fixed  day,  as  for  instance  the  election  of  a  secretary  and  a  treasurer,  an  adjourn- 
ment of  the  meeting  to  another  fixed  date  will  allow  the  transaction  of  the  busi- 
ness directed  to  be  done  on  the  day  of  the  regular  meeting.     75*  Iowa,  196.    Note 
7  to  section  1721. 

7.  In  case  the  board  fails  to  elect  an  officer  on  the  day  fixed  by  law,  or  at  an 
adjourned  meeting  the  day  of  which  was  fixed  at  adjournment,  the  incumbent 
holds  over,  and  should  qualify  anew.    Section  690,  Code. 

8.  If  the  treasurer  continues  in  office  by  reason  of  failure  to  elect  a  successor, 
Ms  bond  should  be  renewed  and  he  should  produce  and  account  for  the  funds  in  his 
hands,  and  the  statement  of  such  settlement  should  be  indorsed  on  his  new  bond. 
Note  7  to  section  1747. 

9.  All  proceedings  connected  with  the  organization  of  the  district  should  be 
recorded  by  the  secretaries  in  the  records  of  the  districts,  so  that  the  facts  concern- 
Ing  its  formation  and  organization  may  be  readily  obtained,  in  case  the  validity  of 
the  proceedings  should  ever  be  questioned. 

10.  The  last  official  census  will,  as  a  general  rule,  be  sufficiently  accurate  to 
determine  questions  relating  to  the  population,  but  in  case  of  doubt,  the  actual 
existing  facts  govern,  which  may  be  ascertained  by  any  reliable  means.  77  Iowa, 
<676. 


SCHOOL  LAWS  OF  IOWA.  79 

SEC.  1803.  Said  meeting  for  the  first  election  of  directors  shall  organ- 
ize by  appointing  a  president  and  secretary,  who  shall  act  as  judges  of 
the  election,  and  issue  a  certificate  of  election  to  the  persons  elected. 

SEC.  1804.  The  organization  of  such  independent  district  shall  be 
completed,  on  or  before  the  first  day  of  August  of  the  year  in  which 
said  organization  is  attempted,  and  when  such  organization  is  thus-com- 
pleted,  all  taxes  levied  by  the  board  of  directors  of  the  district  township 
of  which  the  independent  district  formed  a  part,  in  that  year,  shall  be 
void  so  far  as  the  property  within  the  limits  of  the  independent  district 
is  concerned;  and  the  board  of  directors  of  such  independent  district 
shall  levy  all  necessary  taxes  for  school  purposes,  as  provided  by  law, 
for  that  year,  at  a  meeting  called  for  that  purpose,  at  any  time  before 
the  third  Monday  of  August  of  that  year,  which  shall  be  certified  to  the 
board  of  supervisors,  on  or  before  the  first  Monday  of  September,  and 
said  board  of  supervisors  shall  levy  said  tax  at  the  time,  and  in  the  man- 
ner, that  school  taxes  are  required  to  be  levied  in  other  districts. 

SEC.  1805.  In  case  such  district  is  formed  of  parts  of  two  or  more 
•civil  townships  in  the  same  or  adjoining  counties,  the  duty  of  giving  the 
notice  shall  devolve  upon  the  board  of  directors  of  the  township  in  which 
a  majority  of  the  legal  voters  of  the  contemplated  district  reside. 

SEC.  1806.  Said  district  may  have  as  many  schools,  and  be  divided 
into  such  wards  and  other  subdivisions  for  school  purposes,  as  the  board 
of  directors  may  deem  proper;  and  shall  be  governed  by  the  laws  en- 
acted for  the  regulation  of  district  townships,  so  far  as  the  same  may  be 
applicable. 

INDEPENDENT    DISTRICT    ELECTION. 

SECTION  1807.  (As  amended  by  Chap.  131,  Laws  of  1886.)  It  shall 
be  lawful  for  the  electors  of  any  independent  district,  at  the  annual 
meeting  of  such  district,  to  vote  a  tax,  not  exceeding  ten  mills  on  the 
dollar,  in  any  one  year,  on  the  taxable  property  of  such  district,  as  the 
meeting  may  deem  sufficient  for  the  purchase  of  grounds  and  the  con- 

SEC.  1804.     1.    This   section  is  construed  to  mean  that  the  organization  con- 
jmplated  must  be  made  between  January  first  and  the  first  of  August. 
2.    When  a  new  independent  district  is  organized  as  provided  by  this  section, 
board  has  authority  to  determine  and  certify  all  necessary  taxes,  for  school 
irposes,  for  that  year,  including  school-house  taxes. 
SEC.  1805.    An  independent  district  composed  of  territory  from  two  or  more 
mnties,  belongs,  for  school  purposes,  to  the  county  wherein  most  of  the  scholars 
side.    A  certificate  to  teach  should  be  issued  by  the  superintendent  of  the  county 
which  it  thus  belongs,  which  certificate  is  valid  for  any  school  in  the  district. 
SEC.  1807.     1.    The  matters  referred  to  may  be  presented  at  a  time  when  the 
irgest  number  is  present,  and  voted  upon  viva  voce.    Or  ballots  may  be  prepared 
that  all  those  voting  for  members  of  the  board  may  vote  on  one  or  more  of  these 
lestions  also.    Note  15  to  section  1717. 


80  SCHOOL  LAWS  OF  IO\\A. 

struction  of  the  necessary  school-houses  for  the  use  of  such  independent 
district,  and  for  the  payment  of  any  debts  contracted  for  the  erection  of 
such  school-houses,  and  for  procuring  a  library  and  apparatus  for  the 
use  of  the  schools  of  such  independent  district.  And  said  electors  may 
direct  the  sale  or  other  disposition  to  be  made  of  any  school-house  or  the 
site  thereof,  or  any  part  of  such  site,  and  of  such  other  property,  real 
and  personal,  as  may  belong  to  the  independent  district,  and  direct  the 
manner  in  which  the  proceeds  arising  therefrom  shall  be  applied. 

CHAPTER  67,  LAWS  OF  1874. 
VOTING  ON  SCHOOL  TAXES. 

SECTION  1.  All  school  districts  lying  in  two  adjoining  counties  shall 
have  the  right  to  vote  mills,  instead  of  specific  sums,  for  school  purposes. 

CHAPTER  8,  LAWS  OF  1880. 
SEPARATE  POLLING  PLACES. 

SECTION  1.  Independent  school  districts  having  a  population  of  not 
less  than  fifteen  thousand  inhabitants,  shall  be  divided  into  not  less  than 
three,  nor  more  than  six  election  precincts,  in  each  of  which  a  poll  shall 
be  held  at  a  convenient  place,  to  be  appointed  by  the  board  of  directors, 
for  the  reception  of  the  ballots  of  the  electors  residing  in  such  precinct 
at  said  election. 

SEC.  2.  The  board  of  directors  shall  provide  for  the  submission  of  all 
questions  relating  to  the  powers  reserved  to  the  electors  under  section 
1807  of  the  Code,  which  questions  shall  be  decided  by  ballot,  returns  to 
be  made  on  questions  submitted  as  hereinafter  provided. 

2.  The  power  to  vote  school-house  taxes  belongs  exclusively  to  the  electors. 
The  amount  deemed  necessary,  and  not  a  certain  number  of  mills,  should  be  voted. 
The  sums  necessary  for  the  teachers'  and  contingent  funds  are  determined  by  the 
board.    41  Iowa,  180. 

3.  The  electors  frequently  assume  to  exercise  powers  not  granted  them  by  the 
law.     They  have  only  such  powers  as  are  specifically  named  in  the  law.     Note  5 
to  section  1717. 

4.  Independent  districts  of  15,000  and  upwards  are  governed  by  chapter  8, 
laws  of  1880. 

5.  School  elections  are  exempted  from  the  operation  of  chapter  161,  laws  of 
1886,  known  as  the  registry  law,  and  of  chapter  33,  laws  of  1892,  the  latest  election 
law. 

6.  In  all  cases,  it  would  be  well  for  the  ballot  to  state  the  term  voted  for,  in 
connection  with  the  name  of  the  person. 

7.  The  electors  may  not  limit  or  restrict  the  board  to  the  adoption  of  a  course 
of  study  including  only  such  branches  as  the  electors  may  name.     Nor  may  the 
electors  direct  that  a  particular  branch,  or  certain  studies,  shall  not  be  taught.    It 
is  the  province  of  the  board  to  decide  what  branches  besides  those  in  a  teacher's 
examination  and  those  named  by  the  electors,  shall  be  included  in  the  course  of 
study  and  taught  in  the  schools  of  the  district. 


SCHOOL  LAWS  OF  IOWA.  8 1 

SEC.  3.  A  register  of  the  electors  residing  in  each  precinct  shall  be 
prepared  by  the  board  of  directors  from  the  register  of  the  electors  of  any 
city,  town  or  township  which  is  in  whole  or  in  part  included  within  such 
independent  school  district;  and  for  that  purpose  a  copy  of  such  register 
of  electors  shall  be  furnished  by  the  clerk  of  each  such  city,  town  or 
township  to  the  board  of  directors.  Said  board  shall,  in  each  year  "before 
the  annual  election  for  directors,  revise  and  correct  such  school  election 
registers  by  comparison  thereof  with  the  last  register  of  elections  for  such 
cities,  towns  and  townships.  And  the  register  provided  for  by  this  sec- 
tion shall  have  the  same  force  and  effect  at  elections  held  under  this  act, 
and  in  respect  to  the  reception  of  votes  at  said  elections,  as  the  register 
of  elections  has  by  law  at  general  elections. 

SEC.  4.  Notice  of  every  election  under  this  act  shall  be  given  in  each 
district  in  which  the  same  is  to  be  held,  by  the  secretary  thereof,  by  post- 
ing up  the  same  in  three  public  places  in  such  district,  and  by  publication 
in  a  newspaper  published  therein  for  two  weeks  preceding  such  election; 
such  notice  shall  also  state  the  respective  election  precincts,  and  the 
polling  place  in  each  precinct. 

SEC.  5.  The  board  of  directors  shall  appoint  one  of  their  own  number 
and  another  elector  of  the  district  to  act  as  judges  of  election,  and  a  clerk 
for  each  polling  place,  who  shall  be  sworn  as  provided  by  section  609  of 
the  Code  in  case  of  general  elections.  The  polls  shall  be  open  from  9 
o'clock  A.  M.  to  6  o'clock  p.  M.  If  either  of  the  judges,  or  clerk,  fail  to 
attend,  his  place  may  be  filled  by  the  others  by  appointing  an  elector 
attending  in  his  place,  and  if  all  fail  to  attend  in  time,  or  refuse  to  serve 
or  be  sworn,  the  electors  present  shall  choose  two  judges  and  a  clerk 
from  the  electors  attending.  A  ballot-box  and  the  necessary  poll-book 
shall  be  provided  by  the  board  of.  directors  for  each  precinct,  and  the 
election  shall  be  conducted  in  the  same  manner,  and  under  the  same  rules 
and  regulations,  so  far  as  applicable,  as  are  provided  by  chapter  3  of  title 
5  of  the  Code,  for  general  elections. 

SEC.  6.  The  judges  of  election  and  clerk  in  each  precinct  shall  canvass 
the  vote  therein,  and  shall  as  soon  as  possible,  make  out,  sign  and  return 
to  the  secretary  of  the  district  a  certificate  showing  the  whole  number  of 
votes  cast  in  such  precinct,  and  the  number  of  votes  in  favor  of  each  per- 
son voted  for,  and  questions  submitted.  The  board  of  directors  shall 
meet  on  the  next  Monday  after  the  election  and  canvass  the  returns,  and 
ascertain  the  result  of  the  election.  The  whole  number  of  votes  cast,  and 
the  number  in  favor  of  each  person  voted  for,  shall  be  entered  in  their 
record,  and  the  persons  respectively  receiving  the  highest  two  numbers 

votes  shall  be  declared  elected,  and  all  questions  submitted  receiving 

majority  of  the  votes  cast  shall  be  recorded  as  carried.     The  secretary 

lall  issue  to  each  person  so  elected  a  certificate  of  his  election. 

6 


82  SCHOOL  LAWS  OF  IOWA. 

SEC.  7.  All  acts  and  parts  of  acts  inconsistent  with  this  act  are  hereby 
repealed. 

CHAPTER  72,  LAWS  OF  1886. 

USE  OF  PUBLIC  SQUARES  FOR  SCHOOL  PURPOSES. 

SECTION  1.  It  shall  be  lawful  for  the  people  of  any  incorporated  town 
located  wholly  within  an  independent  school  district  in  which  is  situated 
a  public  square  or  plat  of  ground,  deeded  or  dedicated  to  the  said  town 
or  the  public,  by  the  proprietor  of  the  town,  or  of  any  addition  thereof, 
to  transfer  or  re- dedicate  such  plat  or  square,  to  the  purpose  of  a  public 
school-house  lot,  to  be  used  either  for  the  erection  thereon  of  a  public 
school-house,  or  as  school  grounds,  in  connection  with  such  school-house. 

SEC.  2.  The  manner  of  procedure  to  effect  the  change  or  transfer  of 
the  purpose  for  which  such  lot  or  square  shall  be  used,  as  is  authorized  in 
section  1,  of  this  act,  shall  be  as  follows:  When  a  plat  or  lot  of  the  char- 
acter described  in  section  1,  of  this  act,  is  located  in  such  incorporated 
town,  and  one-half  of  the  resident  voters  of  such  town,  according  to  the 
last  census  thereof,  national  or  state,  shall  petition  the  mayor  and  town 
council  of  such  town,  asking  said  city  authorities  to  submit  to  the  voters 
of  the  town  at  a  general  or  special  election  the  question  whether  or  not 
such  public  square,  lot  or  plat  shall  be  transferred,  dedicated  and  used 
for  the  purposes  of  a  public  school-house  lot,  for  the  use  of  the  independ- 
ent district,  in  which  the  same  is  situated,  said  mayor  and  town  council 
shall  submit  the  question  to  the  voters  of  the  town,  in  accordance  with 
the  prayer  of  said  petitioners  after  giving  ten  days'  notice  thereof,  by 
written  or  printed  notices,  in  which  the  proposition  submitted,  shall  be 
clearly  set  forth,  and  signed  by  said  mayor,  three  of  which  notices  shall 
be  posted  in  public  and  conspicuous  places  in  the  town,  and  one  shall  be 
published  in  the  last  two  issues,  preceding  such  election  in  a  weekly 
newspaper  published  in  the  town,  or  if  there  be  no  such  newspaper  pub- 
lished in  the  town  then  in  the  weekly  newspaper-  published  elsewhere  in 
the  county,  having  the  largest  circulation  in  said  town.  Such  notice  shall 
state  the  manner  of  voting,  which  shall  be  by  ballot,  and  substantially  as 
follows:  The  ballot  shall  contain  in  print,  ink  or  pencil  the  words  "For 
transferring  lot  or  block  or  square  (as  the  case  may  be,  describing  it)  to 
the  purposes  of  a  public  school-house  lot,"  or  "Against  transferring  lot 
or  block  or  square  (as  the  case  may  be,  describing  it)  to  the  purposes  of 
a  school-house  lot."  And  such  election  shall  be  held  as  per  notice  given 
and  be  conducted  as  ordinary  town  elections  are,  under  the  supervision 
of  the  town  authorities,  who  shall  canvass  the  vote  as  by  law  provided  in 
other  cases.  If  it  shall  appear  that  two-thirds  or  more,  of  all  the  legal 
votes  cast  at  such  election,  for  and  against  the  proposition  submitted, 
have  been  cast  in  favor  of  the  transfer  of  such  lot  or  block  or  square,  to 


SCHOOL  LAWS  OF  IOWA.  S3 

the  purposes  of  a  public  school-house  lot,  then  such  transfer  shall  be  held 
to  have  been  completed,  and  the  lot  or  block  or  square  may  be  appropri- 
ated and  used  for  the  purposes  so  indicated  by  said  vote,  and  shall  be  no 
longer  held  for  any  other  purpose.  If  less  than  two-thirds  of  the  votes 
•cast  at  such  election  are  found  to  be  in  favor  of  the  transfer  then  it  shall 
be  held  that  the  proposition  failed  and  no  transfer  shall  be  effectedr 

SEC.  1807i  (Chap.  21,  Laws  of  1892.)  When  an  independent  dis- 
trict, by  fire  or  otherwise,  has  been  deprived  of  a  school  building,  and 
•the  board  of  directors  of  such  district,  by  the  use  of  the  powers  in  them 
vested,  are  unable  to  provide  for  the  continuance  of  the  school  for 
which  such  building  has  been  used;  then  such  board  of  directors  shall 
•call  a  meeting  of  such  district.  The  manner  of  calling  such  meeting, 
.and  the  powers  of  such  meeting,  shall  be  as  follows:  The  board  of 
directors  shall  cause  to  be  posted  in  three  public  places  in  such  district, 
.at  least  ten  days  prior  to  the  designated  time  of  holding  such  meeting, 
written  notices  of  such  meeting,  in  which  shall  be  stated  the  time  and 
place  of  such  meeting  and  the  object  or  purpose  for  which  the  same  is 
•called.  The  powers  of  such  meeting  shall  be  the  same  as  are  prescribed 
in  section  1807  hereof,  except  those  powers  which  are  set  forth  after  the 
word  "district"  in  the  sixth  line  thereof. 

SEC.  1808.  (As  amended  by  Chap.  7>  Laws  of  1880.)  The  annual 
meeting  of  all  independent  districts  shall  be  held  on  the  second  Monday 
in  March,  for  the  transaction  of  the  business  of  the  district,  and  for  the 
election  by  ballot  of  two  directors,  as  the  successors  of  the  two  whose 
term  expires,  who  shall  continue  in  office  for  three  years;  and  the  presi- 
dent, secretary,  and  one  of  the  directors  then  in  office,  shall  act  as  judges 
•of  the  election,  and  shall  issue  certificates  of  election  to  the  persons 
•elected  for  the  ensuing  term;  provided,  that  in  all  independent  districts, 

SEC.  1808.  1.  All  vacancies  which  have  occurred  in  the  board,  during  the 
year,  should  also  be  tilled  by  election,  and  the  ballot  should  designate  the  vacancy 
to  be  filled;  the  persons  so  elected  hold  for  the  remainder  of  the  unexpired  term; 
all  persons  appointed  to  till  vacancies  in  office  hold  until  the  following  election. 
Constitution  of  Iowa,  article  11,  section  6;  also  section  785,  Code. 

2.  Members  elect  enter  upon  their  duties  at  the  time  of  the  regular  meeting  of 
the  board,  on  the  third  Monday  in  March.     For  time   and  manner  of  choosing 
officers  of  the  board,  see  sections  1721,  1790,  1802,  1806,  and  notes. 

3.  There  is  no  provision  of  law  by  which    judges  at  school  elections  may 
receive  pay. 

4.  When  the  population  of  an  independent  district  which  has  had  six  directors, 
falls  below  five  hundred,  one  director  shall  be  chosen  each  year.    77  Iowa,  676 
and  79  Iowa,  466.     Thus  the  board  will  consist  of  five  members,  four  members, 
and  thereafter  of  three  members. 

5.  This  section  clearly  provides  how  a  tie  vote  shall  be  decided.    And  if  more 
than  two  persons  have  each  an  equal  number  of  votes,  the  same  provisions  will 
apply.     Note  9  to  section  1719. 


84  SCHOOL  LAWS  OF  IOWA. 

having  a  population  of  less  than  five  hundred,  there  shall  be  elected, 
annually,  one  director,  who  shall  continue  in  office  for  three  years.  In- 
cases of  a  tie  vote  in  the  election  of  director,  or  directors,  the  secretary 
shall  notify  them  to  appear  at  the  regular  meeting  of  the  board  on  the 
third  Monday  in  March,  to  determine  their  election  by  lot  before  one  or 
more  members  of  the  board  elected,  and  the  certificate  of  election  shall 
be  given  accordingly.  Should  either  party  fail  to  appear  or  take  part  in 
the  lot,  the  secretary  shall  draw  for  him. 

CHANGES  IN  FORM  OF  DISTRICT. 

SECTION  1809.  When  an  independent  district  has  been  formed  out  of 
a  civil  township,  or  townships,  as  herein  contemplated,  the  remainder  of 
such  township,  or  of  each  of  such  townships,  as  the  case  may  be,  shall 
constitute  a  district  township  as  provided  in  section  seventeen  hundred 
and  thirteen  of  this .  chapter,  and  the  boundaries  between  such  district 
township  and  independent  district  may  be  changed,  or  the  independent 
district  abandoned,  at  any  time,  with  the  concurrence  of  the  respective- 
boards  of  directors. 

CHAPTER  133,  LAWS  OF  1878. 
(As  amended  by  Chapter  131,  Laws  of  1880.) 

SUBDIVISION    OF   INDEPENDENT   DISTRICTS. 

SECTION  1.  Any  independent  school  district,  organized  under  an}  of 
the  laws  of  this  state,  may  subdivide,  for  the  purpose  of  forming  two  or 

SEC.  1809.  1.  The  change  of  boundaries  authorized  by  this  section  may  be 
made  at  any  time  of  year. 

2.  If  the  boundary  between  an  independent  district  and  district  township  is- 
the  line  of  the  civil  township,  it  cannot  be  changed;  but  if  the  independent  dis- 
trict includes  a  portion  of  a  civil  township  the  remainder  of  which  constitutes  a? 
district  township,  the  boundary  between  the  districts  may  be  changed. 

3.  Chapter  62,  laws  of  1888,  provides  for  change  of  boundaries  between  adjoin- 
ing independent  districts  in  the  same  civil  township. 

4.  Where  a  change  of  boundaries  between  districts  is  desired,  and  one  of  the 
boards  acts  favorably  to  the  change,  a  petition  may  be  presented  to  the  other 
board  to  concur  in  that  action,  although  it  formerly  may  have  refused  to  grant 
a  similar  petition.  From  the  action  of  the  latter  board  upon  the  request,  an  appeal 
may  be  taken. 

5.  No  appeal  can  be  taken  from  an  action  of  the  board  taking  the  initiatory 
step,  while  it  requires  the  concurrence  of  another  board  to  complete  the  action. 
The  concurrence  or  refusal  of  the  second  board  is  the  order  from  which  an  appeal 
may  be  taken.    S.  L.  Decisions,  61,  120,  129  and  139. 

6.  When  an  appeal  is  taken  from  the  proper  board,  the  county  superintendent 
must  affirm  the  action  of  one  board  or  the  other,  but  cannot  himself  modify  the- 
action  of  the  board  acting  first.     S.  L.  Decisions,  139. 

7.  Territory  transferred  from  one  district  to  another  carries  with  it  an  equitable 
proportion  of  the  assets  and  liabilities  of  the  district  from  which  it  is  taken,  th& 
district  accepting  it  becoming  responsible  for  such  liabilities. 


SCHOOL  LAWS  OF  IOWA.  85 

more  independent  school  districts,  or  have  territory  detached  to  be 
annexed  with  other  territory,  in  the  formation  of  an  independent  district 
or  districts,  and  it  shall  be  the  duty  of  the  board  of  directors  of  said 
independent  district  to  establish  the  boundaries  of  the  districts  so  formed, 
the  districts  so  formed  not  to  contain  less  than  four  government  sections 
of  land,  each;  this  limitation  shall  not  apply  when,  by  reason  of  a  river 
or  other  obstacle,  a  considerable  number  of  pupils  will  be  accommo- 
dated by  the  formation  of  a  district  containing  less  than  four  sections, 
or  where  there  is  a  city,  town  or  village  within  said  territory,  of  not 
less  than  one  hundred  inhabitants,  and  in  such  cases,  the  independent 
•district  so  formed  shall  not 'Contain  less  than  two  government  sections  of 
land,  such  subdivision  to  be  effected  in  the  manner  provided  for  in  sec- 
tions 2,  3  and  tt  of  this  chapter;  provided  that  where  either  of  the  districts 
•so  proposed  to  be  formed  contains  less  than  four  government  sections, 
it  shall  require  a  majority  of  the  votes,  of  each  of  the  proposed  dis- 
tricts, to  authorize  such  subdivision. 

SEC.  2.  At  the  written  request  of  one-third  of  the  legal  voters  residing 
any  independent  school  district,  the  board  of  directors  of  said  inde- 
ndent  district  shall  call  a  meeting  of  the  qualified  electors  of  the  inde- 
ndent  district,  at  the  usual  place  of  holding  their  meeting,  by  giving  at 
st  ten  days'  notice  thereof,  by  posting  three  notices  in  the  independent 
-district  sought  to  be  divided,  and  by  publication  in  a  newspaper,  if  one 
be  published  in  the  independent  district,  at  which  meeting  the  electors 
all  vote  by  ballot  for  or  against  such  subdivision. 
SEC.  3.  Should  a  majority  of  the  votes  be  cast  in  favor  of  such  subdi- 
ision,  the  board  or  boards  of  directors  shall  call  a  meeting  in  each  inde- 
ndent  district  so  subdivided  or  formed  as  aforesaid,  for  the  purpose  of 

•electing  by  ballot  three  directors,  who  shall  hold  their  offices,  one,  two, 



CHAPTER  133,  LAWS  OF  1878. 

SECTION  1.  1.  The  provisions  of  this  section  as  amended  apply  to  all  independ- 
•ent  districts  organized  under  the  laws  of  this  state,  and  civil  township  lines  are 
not  a  bar. 

2.  The  amount  of  territory  can  not  be  less  than  an  equivalent  of  four  govern- 
ment sections,  unless  the  provisions  of  the  latter  part  of  this  section  apply. 

3.  An  independent  district  containing  territory  amounting  to  less  than  eight 
government  sections  may  be  divided  into  two  independent  districts,  if  an  unbridged 
stream  or  other  obstacle  prevents  a  considerable  number  of  scholars  from  attend- 
ing school,  or  if    one  portion  contains  a  village  of  not  less  than  one  hundred 
inhabitants.     The  district  so  formed  must  contain  territory  amounting  to  not  less 
cthan  two  government  sections,  and  a  majority  of  the  votes  cast  in  each  contein- 
.plated  district  must  be  cast  for  the  division. 

SEC.  2.  When  the  required  number  of  electors  petition  for  such  division  the 
•board  is  compelled  to  call  the  election,  but  the  organization  can  not  be  completed 
^between  August  and  January. 


86  SCHOOL  LAWS  OF  IOWA. 

and  three  years,  respectively;  the  length  of  their  respective  terms  to  be 
determined  by  lot;  and  but"  one  director  shall  be  chosen  annually  there- 
after, who  shall  hold  his  office  for  three  years. 

SEC.  4.  At  the  meeting  of  the  electors  of  each  independent  school 
district,  as  provided  in  the  last  section,  they  shall  also  determine  by  bal- 
lot the  name  to  be  given  to  their  district,  and  each  independent  district, 
when  so  organized,  shall  be  a  body  corporate,  and  the  name  so  chosen 
shall  be  its  corporate  name;  provided  that  the  board  of  directors  of  any 
district,  organized  under  the  provisions  of  this  act,  may  change  its  name 
if  any  other  district  in  the  township  shall  have  chosen  the  same  name. 

SEC.  5.  Independent  districts,  organized  under  the  provisions  of  this- 
act,  shall  be  governed  by  the  laws  relating  to  independent  districts. 

CHAPTER  118,  LAWS  OF  1882. 
INCLUDING  ALL  OF  CITY,  WITHIN  INDEPENDENT  DISTRICT. 

SECTION  1.     All  the  territory  of  an  incorporated  city  or  town,  whether 
included  within  the  original  incorporation,  or  afterwards  attached  thereto, 
in  accordance  with  the  provisions  of  law,  shall  be  or  become  a  part  of 
the  independent  district,  or  districts,  of  said  city  or  town. 

SEC.  2.  When  boundaries  are  changed  by  the  taking  effect  of  this; 
act,  the  respective  boards  of  directors  shall  make  an  equitable  settlement 
of  the  then  existing  assets  and  liabilities  of  their  districts,  as  provided 
for  by  section  1715  of  the  Code. 

CHAPTER  61,  LAWS  OF  1888. 
FORMATION  OF  INDEPENDENT  DISTRICTS. 

SECTION  1.  The  subdistricts  of  a  district  township  may  be  constituted 
independent  districts  in  the  manner  hereinafter  provided. 

SEC.  2.  At  the  written  request  of  one-third  of  the  legal  voters  in  each 
subdistrict  of  any  district  township,  the  board  of  directors  shall  call  a 
meeting  of  the  qualified  electors  of  each  subdistrict  by  giving  at  least 
thirty  days'  notice  thereof  by  posting  three  written  notices  in  each  sub- 
district  in  the  township,  at  which  meeting  the  electors  shall  vote  by  bal- 
lot for  or  against  independent  district  organization. 

SEC.  5.  When  the  division  has  been  completed,  a  settlement  of  assets  and  lia- 
bilities must  be  made,  in  conformity  with  section  1715. 

CHAPTER  61,  LAWS  OF  1888. 

SECTION  2.  The  vote  upon  the  change  of  form  may  be  taken  at  any  time  of 
year,  but  the  organization  cannot  be  completed  between  August  and  January. 
Section  1804. 


SCHOOL  LAWS  OF  IOWA.  57 

SEC.  3.  If  a  majority  of  the  votes  cast  in  each  subdistrict  shall  be 
favorable  to  such  independent  organization  then  each  subdistrict  shall 
become  an  independent  district. 

SEC.  4.  The  board  of  directors  of  the  old  district  township  so  voting 
shall  then  call  a  meeting  in  each  independent  district  for  the  electipn_of 
three  or  more  directors,  as  may  be  required  by  law,  and  the  organiza- 
tion of  the  said  independent  district  shall  be  completed  and  governed  in 
the  same  manner  as  other  and  similar  independent  districts. 

CHAPTER  62,  LAWS  OF  1888. 

BOUNDARIES    OF   INDEPENDENT   DISTRICTS. 

SECTION  1.  The  boundary  lines  of  contiguous  independent  districts 
within  the  same  civil  township,  may  be  changed  by  concurrent  action  of 
the  respective  boards  of  directors  at  their  regular  meeting  in  September, 
or  at  special  meetings  thereafter  called  for  that  purpose;  provided  that 
the  district  so  formed,  from  which  territory  has  been  detached,  shall  not 
contain  less  than  four  government  sections  of  land;  and  provided  further 
that  the  boundary  lines  of  said  district  shall  conform  to  the  lines  of  con- 
gressional divisions  of  land. 

SEC.  1810.     In  case  an  independent  district  embraces  a  part  or  the 
whole  of  a  civil  township  which  has  no  separate  district  township  organ- 
ization, upon  the  written  application  of  two- thirds  of  the  electors  resid- 
ig  upon  the  territory  of  such  independent  district,  and  within  such  civil 
township,  to  the  board  of  directors,  they  shall  set  off  such  territory, 
whether  provided  with  school-houses  or  not,  to  be  organized  as  a  district 
>wnship  in  the  manner  provided  for  such  organization  when  a  new  civil 
>wnship  is  formed. 

SEC.  1811.  (As  amended  by  Chap.  63,  Laws  of  1888.)  Independent 
listricts  located  contiguous  to  each  other,  may  unite  and  form  one  and 
ie  same  independent  district,  in  the  manner  following:  At  the  written 
jquest  of  any  ten  legal  voters  residing  in  each  of  said  independent  dis- 
ricts,  or,  should  there  not  be  ten  legal  voters  in  one  of  such  districts, 
ten  at  the  written  request  of  the  majority  of  such  voters,  their  respect- 
boards  of  directors  shall  require  their  secretary  to  give  at  least  ten 
lays'  notice  of  the  time  and  place  for  a  meeting  of  the  electors  re?iding 

SEC.  3.  1.  Unless  each  and  every  subdistrict  in  the  district  township  gives  a 
lajority  vote  favoring  the  change  in  form,  the  township  remains  a  district  town- 
lip. 

2.    A  single  subdistrict  may  be  organized  as  an  independent  district  only  when 

village,  town,  or  city  is  included.      Section  1800. 

SEC.  4.  When  the  new  boards  are  organized,  they  should  meet  as  soon  as  possi- 
le,  and  make  settlement  of  assets  and  liabilities,  as  directed  by  section  1715.  S. 
Decisions,  110. 


88  SCHOOL  LAWS  OF  IOWA. 

in  such  districts,  by  posting  written  notices  in  at  least  five  public  places 
in  each  of  said  districts,  at  which  meetings  the  said  electors  shall  vote 
by  ballot  for  or  against  a  consolidated  organization  of  said  independent 
Districts;  and  if  a  majority  of  the  votes  cast  at  the  election  in  each  dis- 
trict, shall  be  in  favor  of  uniting  said  districts,  then  the  secretaries  shall 
give  similar  notice  of  a  meeting  of  the  electors  as  provided  for,  by  the 
law,  for  the  organization  of  independent  districts.  The  independent  dis- 
trict thus  consolidated  shall  be  completed,  and  its  directors  governed  by 
the  same  provisions  of  the  law  which  apply  to  other  independent  dis- 
tricts. Where  from  the  courses  of  Iowa  rivers,  and  the  contour  of  the 
adjoining  territory,  the  proper  school  facilities  cannot  be  given  to  the 
school  children  of  each  territory  by  forming  school  districts  from  the  terri- 
tory in  any  one  county,  independent  school  districts  may  be  formed  from 
the  contiguous  territory  in  adjoining  counties.  Any  independent  school 
district  heretofore  formed  under  this  section,  where  there  were  less  than 
ten  legal  voters  residing  therein  at  the  time -of  the  consolidation,  is 
hereby  legalized  and  made  valid  provided  that  two- thirds  of  the  legal 
voters  then  residing  in  such  independent  district  petition  for  such  con- 
solidation. 

SEC.  1812.  Where,  under  the  school  laws  of  the  state  heretofore  in 
force,  for  the  convenience  and  accommodation  of  the  people,  school  dis- 
tricts were  formed  of  portions  of  two  counties  of  territory  lying  contigu- 
ous to  each  other,  at  the  written  request  of  five  legal  voters  residing  in 
portions  of  said  territory  in  each  county,  the  board  of  directors  of  the 
district  township  to  which  such  territory  belongs,  having  a  majority  of 
the  legal  voters,  shall  fix  the  boundaries  of  an  independent  school  dis- 
trict composed  of  such  sections  of  land,  or  portions  thereof,  as  may  be 
described  in  the  petition  therefor,  and  shall  give  at  least  ten  days'  notice 
of  the  submission  of  the  question  of  the  formation  of  said  independent 
district,  at  a  special  election  for  said  purpose,  specifying  the  boundaries 
of  the  district,  the  time  and  place  of  meeting  of  the  electors  for  such 
election,  at  which  meeting  the  electors  in  the  contemplated  district  shall 
vote  by  ballot  for  or  against  the  separate  organization.  Should  a  majority 
of  the  votes  be  cast  in  favor  of  such  separate  organization,  the  said  board 
of  directors  shall  proceed  by  ballot  to  elect  officers  in  the  manner  pro- 
vided by  law,  and  organize  such  independent  district. 

SEC.  1813.  The  boards  of  directors  of  the  several  independent  school 
districts  are  hereby  required  to  publish,  two  weeks  before  the  annual 

SEC.  1813.  1.  This  statement  should  show  the  total  receipts  and  expenditures 
for  each  fund,  followed  by  an  estimate  of  the  amount  required  for  each  fund,  to 
maintain  the  schools  for  the  ensuing  year. 

2.  The  detailed  and  specific  statement  of  the  receipts  and  disbursements  of  all 
funds  expended,  should  be  sufficiently  itemi/ed  to  show  the  amount  received  from 
each  separate  source,  also  the  amount  expended  for  each  particular  purpose. 


SCHOOL  LAWS  OF  IOWA.  89 

school  election  in  such  district,  by  publication  in  one  or  more  newspapers, 
if  any  are  published  in  such  district,  or  by  posting  up  in  writing,  in  not 
less  than  three  conspicuous  places  in  such  independent  district,  a  detailed 
and  specific  statement  of  the  receipts  and  disbursements  of  all  funds 
expended  for  school  and  building  purposes,  for  the  year  proceeding  such 
-annual  election.  And  the  said  boards  of  directors  shall  also,  at  the  same 
time,  publish  in  detail,  an  estimate  of  the  several  amounts  which,  in  the 
judgment  of  such  board,  are  necessary  to  maintain  the  schools  in  such 
•district,  for  the  next  succeeding  school  year;  and  failure  to  comply  with 
the  provisions  of  this  section,  shall  make  each  director  liable  to  a  penalty 
of  ten  dollars. 

SEC.  1814. .  Township  districts  may  be  consolidated  and  organized  as 
independent  districts,  in  the  following  manner:  Whenever  the  board  of 
-directors  of  any  existing  district  township  shall  deem  the  same  advisable, 
and  also  whenever  requested  to  do  so  by  a  petition  signed  by  one-third 
of  the  voters  of  the  district  township,  the  board  shall  submit  to  the 
voters  of  said  district  township,  at  a  regular  election,  or  one  called  for 
the  purpose,  the  question  of  consolidation,  at  which  election  the  voters 
of  the  district  township  shall  vote  for,  or  against  consolidation.  If  a 
majority  of  votes  shall  be  in  favor  of  such  consolidated  organization, 

3.  This  statement  is  for  the  information  of  the  electors,  but  they  should  not 
vote  upon  the  amount  of  tax  to  be  levied  for  contingent  and  teachers'  fund,'  as 
these  matters  are  determined  by  the  board.     Section  1777. 

4.  The  board  must  have  the  statement  published  at  least  once  in  a  newspaper, 
if  one  is  printed  in  the  district. 

5.  The  fee  of  the  publisher  for  printing  the  statement  is  fixed  by  section  3832, 
e.  "1  "  ~D 

6.  In  preparing  the  annual  statement  for  publication,  minute  details  of  all  the 
terns  need  not  be  given.     This  would  render  it  uselessly  troublesome  to  pre- 
pare, and  expensive  to  publish.     Such  general  results  and  classified  items  as  will 
•enable  the  electors  fully  to  comprehend  the  proceedings  of  the  board,  are  all  that 
the  law  requires.     The  statistics  of  the  schools  may  be  added  if  the  board  thinks 
proper,  but  the  law  does  not  require  it. 

SEC.  1814.  1.  Any  district  township  may  organize  into  a  single  independent 
istrict,  embracing  the  whole  township.  The  vote  may  be  ordered  at  any  regular 
r  special  meeting  of  the  board,  and  submitted  to  the  electors  at  any  time  of  the 
ear,  but  if  carried  in  the  affirmative,  does  not  take  effect  until  the  second  Monday 
n  March  following,  when  the  directors  are  elected. 

2.  By  adopting  the  independent  district  system,  there  will  be  but  six  directors 
n  any  case,  and  but  three  where  the  township  contains  less  than  five  hundred 
nhabitants.    At  the  first  election  the  whole  number  is  elected,  and  divided  by  lot 

into  three  classes,  after  which  one  or  two  directors  only  will  be  elected  annually. 

3.  When  independent  districts  have  been  formed  from  the  subdistricts  of  a 
township,  they  may  also,  under  the  provisions  of  this  section,  unite  into  one  inde- 
pendent district.    In  this  case  the  petition  of  one-third  of  the  electors  in  the  town- 
ship should  be  presented  to  the  township  trustees,  whose  duty  it  is  to  call  the 

eeting  to  vote  on  the  question  of  consolidation. 


90  SCHOOL  LAWS  OF  IOWA. 

such  district  township  shall  organize  on  the  second  Monday  of  March 
following,  as  an  independent  district;  provided  that  in  town  ships' which; 
have  been  divided  into  independent  districts,  the  duties  in  this  section 
devolving  on  the  board  of  directors,  shall  be  performed  by  the  trustees 
of  the  township,  to  whom  the  petition  shall  in  such  cases  be  addressed;. 
and  provided  further  that  nothing  in  this  section  shall  be  construed  to 
affect  independent  districts  composed  wholly  or  mainly  of  cities  or  incor- 
porated towns.  Independent  districts  may,  in  like  manner,  change 
their  boundaries  so  as  to  form  any  number  of  districts  less  than  the  num- 
ber of  districts  existing  at  the  time  such  change  is  asked  for,  and  such 
changes  shall  be  specified  in  the  notices  for  a  vote  thereon. 

SEC.  1815.  (As  amended  by  Chap.  155,  Laws  of  1876.)  The  inde- 
pendent districts  of  a  civil  township  may  be  constituted  a  district  town- 
ship in  the  manner  hereinafter  provided. 

SEC.  1816.  (As  amended  by  Chap.  155,  Laws  of  1876.)  At  the  written, 
request  of  one-third  of  the  legal  voters  residing  in  any  civil  township,, 
which  is  divided  into  independent  districts,  the  township  trustees  shall 
call  a  meeting  of  the  qualified  electors  of  such  civil  township,  at  the  usual 
place  of  holding  the  township  election,  by  giving  at  least  ten  days'  notice 
thereof,  by  posting  three  written  notices  in  each  independent  district  in 
the  township,  and  by  publication  in  a  newspaper,  if  one  be  published  in 
such  township,  at  which  meeting  the  said  electors  shall  vote  by  ballot  for 
or  against  a  district  township  organization. 

4.  The  plan  of  making  each  civil  township  an  independent  district,  governed 
by  a  board  chosen  from  the  township  at  large,  is,  in  many  respects,  the  best  sys- 
tem yet  devised.  It  reduces  the  number  of  school  officers,  provides  for  gradual 
changes  in  the  board,  secures  uniform  taxation  for  the  support  of  schools  through- 
out the  township,  encourages  the  establishment  of  graded  schools  for  advanced 
scholars,  and  tends  to  the  selection  of  teachers  according  to  the  qualifications  and 
work  required  in  each  single  case. 

SEC.  1815.  1.  The  electors  of  any  civil  township  which  has  adopted  the  inde- 
pendent district  organization,  may  vote  upon  the  question  of  returning  to  the 
district  township  organization,  under  sections  1815-1820,  as  amended. 

2.  A  single  independent  district,  embracing  the  whole  of  the  civil  township, 
may  be  formed  by  section  1814,  a  system  possessing  many  advantages  over  any 
other,  in  simplicity  of  organization,  permanency  of  officers,  uniformity  of  taxation,, 
and  economy  of  management.    Note  4  to  section  1814. 

SEC.  1816.  1.  The  petition  provided  for  in  this  section  may  be  presented  to- 
the  trustees  and  the  vote  ordered  at  any  time  of  the  year. 

3.  The  meeting  held  to  determine  the  question  of  district  township  organiza- 
tion, is  a  township  meeting;  if  the  vote  is  in  the  affirmative,  each  and  every  inde- 
pendent district  in  the  township,  except  those  organized  as  city  or  town  districts, 
becomes  a  subdistrict  of  the  district  township. 

3.  The  township  trustees  may  act  as  judges  of  this  election,  in  their  absence 
the  electors  assembled  may  choose  a  chairman  and  one  or  two  secretaries  to  act  as- 
judg«s.  The  polls  should  be  kept  open  from  9  a.  m.  to  4  p.  m.  Note  7  to  section 
1801. 


SCHOOL  LAWS  OF  IOWA.  91 

SEC.  1817.  (As  amended  by  Chap.  155,  Laws  of  1876.)  If  a  majority 
of  the  votes  cast  at  such  election  be  in  favor  of  such  district  township 
organization,  each  independent  district  shall  become  a  subdistrict  of  the 
district  township,  and  shall  organize  as  such  subdistrict  on  the  first  Mon- 
day in  March  following,  by  the  election  of  a  subdirector. 

SEC.  1818.  (As  amended  by  Chap.  155,  Laws  of  1876.)  Each"  sub- 
district  so  formed  shall  hold  a  meeting  on  the  first  Monday  in  March,  for 
the  election  of  a  subdirector;  five  days'  notice  of  which  meeting  shall  be 
given  by  the  secretary  of  the  old  independent  district,  by  posting  written 
notices  in  three  public  places  in  each  district,  which  notices  shall  state 
the  hour  and  place  of  meeting. 

SEC.  1819.  (As  amended  by  Chap.  155,  Laws  of  1876.)  District 
townships  organized  under  the  provisions  of  the  preceding  four  sections, 
shall  be  governed  and  treated  in  all  respects  as  other  district  townships; 
provided  that  nothing  in  this  act  shall  be  construed  to  affect  independent 
districts  composed,  wholly  or  mainly,  of  cities  or  incorporated  towns. 

SEC.  1820.  (As  amended  by  Chap.  155,  Laws  of  1876.)  When  any 
district  township  is  organized  under  the  provisions  of  the  preceding  five 
sections,  the  subdirectors  shall  organize  as  a  board  of  directors,  on  the 

SEC.  1817.  1.  The  board  of  each  independent  district  will  continue  to  act  until 
the  third  Monday  in  March  following  the  election,  at  which  time  a  full  statement 
of  all  assets  and  liabilities  of  the  district  should  be  reported  to  the  board  of  the 
district  township  when  organized. 

2.  The  first  board  of  a  district  township  formed  from  a  township  organized  as 
a  single  independent  district,  will  consist  of  three  subdirectors,  elected  by  the 
whole  township.  Section  1720.  If  this  board  chooses  to  subdivide  the  district,  it 
may  do  so.  Section  1796.  Or  it  may  allow  the  district  township  to  remain  a  single 
subdistrict,  a  plan  having  very  many  excellent  advantages. 

SEC.  1818.  For  powers  and  duties  of  this  meeting,  see  sections  1718  and  1719- 
tnd  notes. 

SEC.  1819.     The  district  township  meeting  should  be  held  on  the  second  Monday 

March,  for  the  purpose  of  voting  the  necessary  school-house  taxes,  as  provided 

section  1717. 

SEC.  1820.     1.     Between  the  time  of  the  election  provided  for  in  section  1816, 

id  the  third  Monday  in  March  following,  the.  boards  of  the  several  independent 
listricts  have  authority  to  perform  all  necessary  acts  relating  to  the  affairs  of  their 

stricts,  but  they  cannot  incur  any  indebtedness,  nor  make  any  contracts,  except 
such  as  may  be  necessary  to  maintain  the  usual  schools  of  their  districts. 

2.  Upon  the  organization  of  the  district  township,  the  secretary  should  file 
rich  the  county  auditor  and  treasurer  a  certified  plat  of  the  district,  and  report  to 

county  superintendent,  auditor,  and  treasurer,  the  name  and  address  of  each 
)fficer  of  the  new  board. 

3.  The  district  township  receives  all  the  assets  and  assumes  all  the  liabilities  of 
several  independent  districts.      In   case  an   independent  district  has  issued 

mds,  or  otherwise  incurred  an  indebtedness,  for  the  erection  of  a  school-house, 
le  board  of  the  district  township  has  authority  to  apportion  school-house  taxes- 
>r  the  payment  of  such  indebtedness,  from  time  to  time,  as  justice  and  equity 
lay  require.  Note  5  to  section  1715. 


•92  SCHOOL  LAWS  OF  IOWA. 

ihird  Monday  in  March,  and  make  an  equitable  settlement  of  the  then 
^existing  assets  and  liabilities  of  the  several  independent  districts. 

BONDS. 

t, 

SECTION  1821.  (As  amended  by  Chap.  121,  Laws  of  1876.)  Inde- 
pendent school  districts  shall  have  the  power  and  authority  to  borrow 
vxnoney,  for  the  purpose  of  redeeming  outstanding  bonds,  and  erecting 
.and  completing  school- houses,  by  issuing  negotiable  bonds  of  the  inde- 
pendent district,  to  run  any  period  not  exceeding  ten  years,  drawing  a 
Tate  of  interest  not  to  exceed  ten  per  centum  per  annum,  which  interest 
may  be  paid  semi-annually;  which  said  indebtedness  shall  be  binding 
-&nd  obligatory  on  the  independent  district  for  the  use  of  which  said  loan 
.shall  be  made;  but  no  district  shall  permit  a  greater  outstanding  indebt- 
edness than  an  amount  equal  to  five  per  centum  of  the  last  assessed  value 
of  the  property  of  the  district. 

SEC.  1822.  (As  amended  by  Chap.  59,  Laws  of  1880.)  The  directors 
of  any  independent  district,  may  submit  to  the  voters  of  their  district,  at 
the  annual  or  a  special  meeting,  the  question  of  issuing  bonds  as  con- 
templated by  the  preceding  section,  giving  the  same  notice  of  such  meet- 
ing as  is  now  required  by  law  to  be  given  for  the  election  of  officers  of 
.such  districts,  and  the  amount  proposed  to  be  raised  by  the  sale  of  such 
bonds,  which  question  shall  be  voted  upon  by  the  electors,  and  if  a 
majority  of  all  the  votes  cast  on  that  question  be  in  favor  of  such  loan, 
then  said  board  shall 'issue  bonds  to  the  amount  voted,  in  denominations 
•of  not  less  than  twenty-five  dollars,  nor  exceeding  one  thousand  dollars, 

SEC.  1821.  1.  Bonds  voted  under  the  provisions  of  this  section  may  be  issued 
.and  sold  as  the  necessities  of  the  independent  district  require,  but  cannot  be  made 
available  for  the  purchase  of  a  school-house  site. 

2.  If  actually  necessary,  the  board  may  issue  an  order  on  the  school-house  fund 
for  the  purchase  of  a  site,  which  order  may  be  indorsed  by  the  treasurer  if  there 
are  no  funds,  and  draw  interest. 

3.  No  independent  district  may  incur  a  bonded  indebtedness  to  an  amount,  in 
<the  aggregate,  exceeding  five  per  cent  on  the  value  of  its  taxable  property.     Con- 
stitution, article  11,  section  3. 

4.  The  levy  of  taxes  is  not  considered  an  outstanding  indebtedness,  in  the 
-sense  of  this  section.     The  limit  for  levy  of  taxes  is  fixed  by  section  1780. 

5.  As  indicating  the  valuation  of  the  district,  the  tax  lists  may  not  be  taken 
into  account  until  after  the  levy  of  the  taxes  in  September.     70  Iowa,  230. 

SEC.  1822.  1.  In  order  that  the  bonds  may  be  negotiated  to  the  best  ad- 
vantage possible,  great  pains  should  be  taken  to  follow  the  law  carefully  in 
-every  respect. 

2.  The  cost  of  the  blank  bonds  and  the  expense  of  negotiating  the  bonds,  should 
foe  paid  from  the  contingent  fund. 

3.  Although  the  bonds  are  payable  at  the  pleasure  of  the  district  before  due, 
we  think  those  holding  the  bonds,  or  their  agents,  should  have  some  previous 
•notice,  say  thirty  days,  of  the  intention  to  call  in  the  bonds. 


SCHOOL  LAWS  OF  IOWA.  95 

due  not  more  than  ten  years  after  date,  and  payable  at  the  pleasure  of 
the  district  at  any  time  before  due,  which  said  bonds  shall  be  given  in 
the  name  of  the  independent  district  issuing  them,  and  shall  be  signed  by 
the  president  of  the  board,  and  attested  by  the  secretar}^  and  delivered 
to  the  treasurer,  taking  his  receipt  therefor,  who  shall  negotiate  said 
bonds  at  not  less  than  their  par  value,  and  countersign  the  same~wlien 
negotiated.  The  treasurer  shall  stand  charged  upon  his  official  bond 
with  all  bonds  that  may  be  delivered  to  him;  but  any  bond  or  bonds  not 
negotiated  may  be  returned  by  him  to  the  board. 

CHAPTER  132,  LAWS  OF  1878. 

ISSUANCE  OF  BONDS  TO  FUND  JUDGMENT  INDEBTEDNESS. 

SECTION  1.  Any  school  district  against  which  judgments  have  beem 
rendered  prior  to  the  passage  of  this  act,  and  which  judgments  remain,. 
unsatisfied,  may,  for  the  purpose  of  paying  off  such  judgments  and  fund- 
ing such  judgment  indebtedness,  issue  upon  the  resolution  of  the  board 
of  directors  of  the  district,  the  negotiable  bonds  of  such  district,  running 
not  more  than  ten  years,  and  bearing  a  rate  of  interest  not  exceeding* 
ten  per  centum  per  annum,  payable  semi-annually,  which  bonds  shall  be- 
signed  by  the  president  of  the  district,  and  countersigned  by  the  secre- 
tary, and  shall  not  be  disposed  of  for  less  than  their  par  value,  nor  for 
any  other  purpose  than  that  provided  for  by  this  act,  and  such  bonds- 
shall  be  binding  and  obligatory  upon  the  district. 

SEC.  2.  It  shall  be  the  duty  of  the  board  of  directors  of  any  district 
which  shall  issue  bonds  under  this  act,  to  provide  for  the  payment  of  the 
same  by  the  levy  of  tax  therefor,  in  addition  to  the  other  taxes  provided 
by  law,  and  they  are  hereby  required  to  levy  such  an  amount  each  year 
as  shall  be  sufficient  to  meet  the  interest  on  such  bonds  promptly  as  it 

jcrues. 

SEC.  3.  The  bonds  issued  under  this  act  shall  be  in  the  name  of  the 
listrict  and  in  substantially  the  same  form  as  is  by  law  provided  for 
county  bonds;  shall  be  payable  at  the  pleasure  of  the  district;  shall  be 
registered  in  the  office  of  the  county  auditor;  shall  be  numbered  consecu- 
tively and  redeemed  in  the  order  of  their  issuance. 

CHAPTER  51,  LAWS  OF  1880. 
ENABLING  DISTRICTS  TO  ISSUE  BONDS  TO  FUND  JUDGMENT  INDEBTEDNESS. 

SECTION  1.  Any  school  district  or  district  township  against  which 
judgments  have  been  rendered,  prior  to  the  passage  of  this  act,  and 
which  such  judgments  remain  unsatisfied,  may,  for  the  purpose  of  pay- 
ing off  such  judgment  indebtedness,  issue  negotiable  bonds,  of  such  dis- 
trict township,  upon  a  resolution  of  the  board  of  directors  of  the  district 


$4:  SCHOOL  LAWS  OF  IOWA. 

township,  running  not  more  than  ten  years,  and  bearing  a  rate  of  inter- 
est not  exceeding  eight  per  cent  per  annum,  payable  semi- annually, 
which  bonds  shall  be  signed  by  the  president  of  the  district  and  counter- 
signed by  the  secretary,  and  shall  not  be  disposed  of  for  less  than  their 
par  value,  nor  for  any  other  purpose  than  that  provided  by  this  act,  and 
such  bonds  shall  be  binding  and  obligatory  upon  the  district  township. 

SEC.  2.  It  shall  be  the  duty  of  the  board  of  directors  of  any  district 
township  which  issues  bonds  under  this  act,  to  provide  for  the  payment 
of  the  same  by  the  levy  of  tax  therefor,  in  addition  to  the  other  taxes 
provided  by  law;  and  they  are  hereby  required  to  levy  such  an  amount 
each  year  as  shall  be  sufficient  to  meet  the  interest  on  such  bonds 
promptly  as  it  accrues. 

SEC.  3.  The  bonds  issued  under  this  act  shall  be  in  the  name  of  the 
district  township  and  in  substantially  the  same  form  as  is  by  law  pro. 
vided  for  county  bonds;  shall  be  payable  at  the  pleasure  of  the  district 
township;  shall  be  registered  in  the  office  of  the  county  auditor;  shall  be 
numbered  consecutively  and  redeemed  in  the  order  of  their  issuance. 

CHAPTER  132,  LAWS  OF  1880. 
(As  amended  by  Chap.  95,  Laws  of  1886.) 

AUTHORIZING    DISTRICTS    TO    FUND   BONDED    OR    JUDGMENT   INDEBTEDNESS. 

SECTION  1.  Any  independent  school  district,  or  district  township, 
now  or  hereafter  having  a  bonded  or  judgment  indebtedness  outstanding, 
is  hereby  authorized  to  issue  negotiable  bonds  at  any  rate  of  interest  not 
^exceeding  seven  per  cent  per  annum,  payable  semi-annually,  for  the 
purpose  of  funding  said  indebtedness;  said  bonds  to  be  issued  upon  a 
resolution  of  the  board  of  directors  of  said  district;  provided  that  said 
resolution  shall  not  be  valid  unless  adopted  by  a  two-thirds  vote  of  said 
directors. 

SEC.  2.  The  treasurer  of  such  district  is  hereby  authorized  to  sell  the 
bonds  provided  for  in  this  act,  at  not  less  than  their  par  value,  and  apply 
the  proceeds  thereof  to  the  payment  of  the  outstanding  bonded  or  judg- 
ment indebtedness  of  the  district,  or  he  may  exchange  such  bonds  for 
outstanding  bonds,  par  for  par;  but  the  bonds  hereby  authorized  shall 
be  issued  for  no  other  purpose  than  the  funding  of  outstanding  bonded 
or  judgment  indebtedness.  The  actual  cost  of  the  engraving  and  print- 
ing of  such  bonds,  shall  be  paid  out  of  the  contingent  fund  of  such  district. 

SEC.  3.  Said  bonds  shall  run  not  more  than  ten  years,  and  be  pay- 
able at  the  pleasure  of  the  district  after  five  years  from  the  date  of  their 
issue;  provided  that  in  order  to  stop  interest  on  them  the  treasurer  shall 
give  the  owner  of  said  bonds  ninety  days'  written  notice  of  the  readiness 
of  the  district  to  pay,  and  the  amount  it  desires  to  pay;  said  notice  to  be 


I 
SCHOOL  LAWS  OF  IOWA.  95 

directed  to  the  post  office  address  of  the  owner  of  the  bonds;  provided 
further  that  the  treasurer  shall  keep  a  record  of  the  parties  to  whom  he 
sell  the  bonds,  and  their  post  office  address,  and  notice  sent  to  the 
address  as  shown  by  said  record,  shall  be  sufficient. 

SEC.  4.  Said  bonds  to  be  in  denominations  of  not  less  than  one 
hundred  dollars  and  not  more  than  one  thousand  dollars;  and  said  Bonds 
shall  be  given  in  the  name  of  the  independent  district,  or  district  town- 
ship, and  signed  by  the  president,  and  countersigned  by  the  secretary 
thereof;  and  the  principal  and  interest  may  be  made  payable  wherever 
the  board  of  directors  may  by  resolution  determine. 

SEC.  5.  When  said  bonds  are  delivered  to  the  treasurer  to  be  ne- 
gotiated, the  president  shall  take  his  receipt  therefor,  and  the  treasurer 
shall  stand  charged  on  his  official  bond  with  the  amount  of  the  bonds  so 
delivered  to  him. 

SEC.  6.  The  tax,  for  the  payment  of  the  principal  and  interest  of 
said  bonds,  shall  be  raised  as  provided  in  section  1823,  chapter  9,  title  12 
of  the  Code,  provided  that  if  the  district  shall  fail  or  neglect  to  so  levy 
said  tax  the  board  of  supervisors  of  the  county  in  which  said  district  is 
located,  shall,  upon  the  application  of  the  owner  of  said  bonds,  levy 
said  tax. 

SEC.  7.  All  acts  and  parts  of  acts  in  conflict  with  this  act  are  hereby 
repealed. 

SEC.  1823.  If  the  electors  of  an  independent  school  district  which  has 
issued  bonds,  shall  at  the  annual  meeting  in  March  for  any  year,  fail  to 
vote  sufficient  school-house  tax  to  raise  a  sum  equal  to  the  interest  on  the 
outstanding  bonds  which  will  accrue  during  the  then  coming  year,  and 
such  portion  of  the  principal  as  will  liquidate  and  pay  off  said  bonds  at 
maturity,  then  it  shall  be  lawful  for  the  board  of  such  district,  to  vote  a 
sufficient  rate  on  the  taxable  property  of  the  district,  to  pay  such  interest 
•and  such  proportionate  portion  of  the  principal  as  will  pay  said  bonds 
in  full,  by  the  time  of  their  maturity,  and  shall  cause  the  same  to  be  cer- 
tified and  collected,  the  same  as  other  school  taxes. 

SEC.  1824.  All  school  orders  shall  draw  lawful  interest,  after  having 
been  presented  to  the  treasurer  of  the  district,  and  not  paid  for  want  of 
funds,  which  fact  shall  be  indorsed  upon  the  order  by  the  treasurer. 

SEC.  1823.  To  pay  bonds,  a  board. may  certify  in  excess  of  ten  mills,  if  neces- 
sary. 69  Iowa,  612. 

SEC.  1824.  The  board  may  not  authorize  the  paj'nient  of  interest  to  exceed  six 
per  cent.  51  Iowa,  102.  Interest  can  be  paid  on  an  order  only  from  the  date  of 
its  presentation  to  the  treasurer,  and  indorsement. 


96  SCHOOL  LAWS  OF  IOWA. 

SCHOOL-HOUSE    SITES. 

SECTION  1825.  It  shall  be  lawful  for  any  district  township  or  inde 
pendent  district  to  take  and  hold,  under  the  provisions  contained  in  this 
chapter,  so  much  real  estate  as  may  be  necessary  for  the  location  and 
construction  of  a  school-house,  and  convenient  use  of  the  school;  pro- 
vided that  the  real  estate  so  taken,  otherwise  than  by  the  consent  of  the 
owner  or  owners,  shall  not  exceed  one  acre. 

SEC.  1826.  The  site  so  taken  must  be  on  some  public  highway,  at 
least  forty  rods  from  any  residence,  the  owner  whereof  objects  to  its- 
being  placed  nearer,  and  not  in  any  orchard,  garden  or  public  park. 
But  this  section  shall  not  apply  to  any  incorporated  town. 

SEC.  1827.  (As  amended  by  Chapter  134,  Laws  of  1886.)  If  the 
owner  of  any  such  real  estate  refuse  or  neglect  to  grant  the  site  on  his. 

SEC.  1825.     1.    The  board  should  try  if  possible  to  procure  a  site  by  purchase. 

2.  A  site  of  less  than  one  acre  may  be  enlarged  to  an  acre. 

3.  The  acre  contemplated  in  this  section  means  exclusive  of  highway. 

4.  Property  encumbered,  occupied  as  a  homestead,  or  belonging  to  minor  heirs, 
may  be  taken  under  the  provisions  of  this  section. 

5.  If  the  district  cannot  establish  its  claim  to  the  school-house  site,  owing  to  the 
loss  of  the  deed,  or  for  other  reason,  and  the  owner  refuses  to  sell  or  lease  the 
site,  the  district  may  avail  itself  of  the  provisions  of  this  and  the  following  sections 
and  secure  a  site  not  to  exceed  one  acre. 

6.  When  purchased,  the  provisions  of  this  section  do  not  apply.     The  district: 
stands  in  the  same  relation  to  the  public  and  to  individuals,  in  this  respect,  as  do 
other  corporations,  and  may  purchase  and  convey  real  estate  accordingly.     S.  L. 
Decisions,  96. 

SEC.  1826.  1.  All  sites  taken  under  these  sections,  must  be  located  on  a  public. 
road,  and  at  least  forty  rods  from  any  residence,  the  owner  whereof  objects  to  its 
being  placed  nearer,  except  in  incorporated  towns. 

2.  When  a  site  is  sought  to  be  condemned,  the  distance  of  forty  rods  mentioned 
in  this  section,  is  measured  from  the  nearest  part  of  the  residence  to  the  nearest 
part  of  the  site,  in  a  straight  line. 

3.  Boards  may  rebuild  on  sites  without  consent  of  owners  of  residences  within 
forty  rods. 

4.  Under  the  Iowa  statute  of  limitations,  ten  years'  use  of  a  highway  by  the 
public,  under  a  claim  of  right,  will  bar  the  owner  of  the  soil.    19  Iowa,  123. 

5.  If  the  public,  with  the  knowledge  of  the  owner  of  land,  has  claimed  and 
continuously  exercised  the  right  of  using  the  same  for  a  public  highway,  for  a 
period  equal  to  that  fixed  by  the  statute  for  the  limitation  of  real  actions,  a  com- 
plete right  to  the  highway  thereby  becomes  established  against  the  owner,  unless 
it  appears  that  such  use  was  by  favor,  leave  or  mistake.     22  Iowa,  457. 

SEC.  1827.  1.  If  personal  service  cannot  be  made,  as  provided  by  sections 
2601-2610,  Code,  the  notice  must  be  published,  four  consecutive~weelfs.  previous 
to  the  appraisement,  in  a  newspaper.  Sections  2618-2620,  Code,  Forms  44,  45, 
46,  47  and  48. 

2.  The  appraisers  are  entitled  to  two  dollars  for  each  day's  service,  and  ten 
cents  per  mile  from  their  residence  to  the  location  of  the  property  appraised. 
Sections  3811-3813,  Code. 


SCHOOL  LAWS  OF  IOWA.  97 

premises,  or  if  such  owner  can  not  be  found,  the  county  superintendent 
of  the  county  in  which  said  real  estate  may  be  situated,  shall  upon  appli- 
cation of  either  party,  appoint  three  disinterested  persons  of  said  county, 
unless  a  smaller  number  is  agreed  upon  by  the  parties,  who  shall,  after 
taking  an  oath  to  faithfully  and  impartially  discharge  the  duties  imposed 
on  them  by  this  chapter,  inspect  said  real  estate,  and  assess  the  damages 
which  said  owner  will  sustain,  by  appropriation  of  his  land  for  use  of 
said  house  and  school,  said  county  superintendent  giving  to  the  owner 
of  such  real  estate  the  same  notice  as  is  required  for  the  commencement 
of  a  suit  at  law,  in  the  district  court,  of  the  time  of  such  assessment  of 
damage,  and  make  a  report  in  writing  to  the  county  superintendent  of 
said  county,  giving  the  amount  of  damages,  description  of  land,  and 
exact  location,  who  shall  file  and  preserve  the  same  in  his  office.  If  said 
board  shall,  at  any  time  before  they  enter  upon  said  land,  for  the  pur- 
pose of  building  said  house,  deposit  with  the  county  treasurer,  for  the 
use  of  said  owner,  the  sum  assessed  as  aforesaid,  they  shall  be  thereby 
authorized  to  build  such  house,  and  maintain  the  right  to  said  premises; 
provided  that  either  party  may  have  the  right  to  appeal  from  said  assess- 
ment of  damages,  to  the  district  court  of  the  county  where  such  real 
estate  is  situated,  within  twenty  days  after  receiving  notice  that  such 
assessment  is  made,  which  appeal  shall  be  final;  but  such  appeal  shall 
not  delay  the  prosecution  of  work  upon  said  house,  if  said  board  shall 
pay  or  deposit  with  the  county  treasurer,  the  amount  so  assessed  by  such 
appraisers,  and  in  no  case  shall  said  board  be  liable  for  costs  on  appeal, 
unless  the  owner  of  said  real  estate  shall  be  adjudged  a  greater  amount 
of  damages  than  was  awarded  by  said  appraisers.  The  board  shall  in 
all  cases  pay  costs  of  the  first  assessment. 

SEC.  1828.  The  title  acquired  by  said  school  districts  in  and  to  said 
real  property  shall  be  for  school  purposes  only,  and  in  case  the  same 

3.  When  the  owner  of  land  taken  under  section  1827  is  unknown,  or  cannot  be 
found,  it  is  not  necessary  to  print  the  report  of  appraisement,  or  to  attempt  other 
notice  to  said  owner  than  the  printed  notice  required  by  this  section.     It  is  suffi- 
cient for  the  county  superintendent  to  send  a  certified  copy  to  the  board. 

4.  If  the  board  has  deposited  with  the  county  treasurer  the  amount  assessed 
by  the  appraisers  in  accordance  with  this  section,  we  think  the  courts  would  hold 
that  the  district  had  come  into  possession  of  the  site. 

5.  The  money  deposited  with  the  county  treasurer  should  be  held  for  the  benefit 
of  the  owner  of  the  fee,  and  not  for  the  mortgagee. 

6.  Since  the  receipt  of  the  treasurer  for  the  money  deposited  with  him  for  the 
owner  of  the  land,  may  be  the  only  evidence  of  title,  such  a  receipt  should  have  a 
full  description  of  the  property,  containing  the  proviso  of  note  (6)  of  form  19,  and 
should  be  recorded  by  the  county  recorder. 

SEC.  1828.  1.  No  deed  or  other  instrument  from  the  owner  is  required  to 
authorize  the  district  to  occupy  the  land  for  school  purposes.  The  proceedings 
should  be  recorded  in  full  by  the  district  secretary. 


98  SCHOOL  LAWS  OF  IOWA. 

should  cease  to  be  used  for  said  purpose,  for  the  space  of  two  years, 
then  the  title  shall  revert  to  the  owner  of  the  fee,  upon  the  repayment 
by  him  of  the  principal  amount  paid  for  said  land,  by  said  districts, 
without  interest,  together  with  the  value  of  any  improvements  thereon 
erected  by  said  districts;  provided  that  during  the  time  said  site  is  used 
for  school  purposes,  the  owners  of  the  fee  shall  not  injure  or  remove  the 
timber  standing  and  growing  thereon. 

APPEALS. 

SECTION  1829.  Any  person  aggrieved  by  any  decision  or  order  of  the 
district  board  of  directors,  in  matter  of  law  or  of  fact,  may,  within  thirty 
days  after  the  rendition  of  such  decision,  or  the  making  of  such  order, 
appeal  therefrom  to  the  county  superintendent  of  the  proper  county. 

SEC.  1830.  The  basis  of  the  proceeding  shall  be  an  affidavit,  filed  by 
the  party  aggrieved  with  the  county  superintendent,  within  the  time  for 
taking  the  appeal. 

2.  In  case  the  land  desired  for  a  school  site  is  under  mortgage,  the  district  may 
receive  from  the  owner  the  lease  of  a  portion  not  to  exceed  one  acre,  to  be  held 
by  the  district  as  long  as  used  for  school  purposes,  and  when  no  longer  so  used,  to 
revert  to  the  owner,  as  provided  by  this  section. 

SEC.  1829.  1.  The  right  of  appeal  is  limited  to  persons  aggrieved  or  injuriously 
affected  by  the  decision  or  order  complained  of.  S.  L.  Decisions,  22,  58  and  80. 

2.  After  the  expiration  of  thirty  days,  the  county  superintendent  cannot  enter- 
tain an  appeal. 

3.  In  computing  time  the  first  day  shall  be  excluded  and  the  last  included, 
unless  the  last  falls  on  Sunday,  in  which  case  the  time  prescribed  shall  be  extended 
so  as  to  include  the  whole  of  the  following  Monday.     Section  23,  Code. 

4.  .When  the  act  complained  of  is  of  a  discretionary  character,  the  action  of 
the  board  should  be  sustained,  unless  it  is  clearly  shown  that  the  board  violated 
law,  abused  its  discretion,  or  acted  with  manifest  injustice.    S.  L.  Decisions,  22, 
70,  108  and  138. 

5.  In  certain  cases  an  aggrieved  party  has  a  choice  of  legal  remedies.    56  Iowa, 
476. 

6.  To  compel  the  performance  of  an  official  duty,  appeal  sometimes  consumes 
valuable  time.    Mandamus  is  often  a  more  speedy  as  well  as  a  better  remedy. 
S.  L.  Decisions,  100. 

7.  When  a  board  violates  a  mandatory  requirement,  application  by  an  inter- 
ested party  to  a  court  for  a  writ  to  compel  the  board  to  act  as  directed  by  the 
statute  is  the  more  speedy  and  preferable  remedy.    44  Iowa,  432;  50  Iowa,  648, 
and  71  Iowa,  632.    S.  L.  Decisions,  100,  128  and  137. 

8.  To  correct  an  illegal  action  of  the  board,  certiorari,  and  not  appeal,  is  the 
remedy.    55  Iowa,  215.    S.  L.  Decisions,  55. 

9.  No  appeal  can  be  taken  from  the  action  of  the  board  taking  the  initiatory 
step,  while  it  requires  the  concurrence  of  another  board  to  complete  the  action. 
The  concurrence  or  refusal  of  the  second  board  is  the  order  from  which  an  appeal 
may  be  taken.    Note  5  to  section  1809. 

SEC.  1830.  1.  An  affidavit  is  a  written  declaration,  sworn  to  before  some  officer 
authorized  to  administer  oaths.  Section  3689,  Code. 


SCHOOL  LAWS  OF  IOWA.  99 

SEC.  1831.  The  affidavit  shall  set  forth  the  errors  complained  of  in  a 
plain  and  concise  manner. 

SEC.  1832.  The  county  superintendent  shall,  within  five  days  after 
the  filing  of  such  affidavit  in  his  office,  notify  the  secretary  of  the  proper 
district,  in  writing,  of  the  taking  of  such  appeal.  And  the  latter  shall, 
within  ten  days  after  being  thus  notified,  file  in  the  office  of  the  county 
superintendent,  a  complete  transcript  of  the  record  and  proceedings  re- 
lating to  the  decision  complained  of,  which  transcript  shall  be  certified 
to  be  correct  by  the  secretary. 

SEC.  1833.  After  the  filing  of  the  transcript  aforesaid  in  his  office,  he 
shall  notify  in  writing  all  persons  adversely  interested  of  the  time  and 
place  where  the  matter  of  the  appeal  will  be  heard  by  him. 

2.  A  county  superintendent  can  have  no  jurisdiction  of  an  appeal  case  until  the 
affidavit  has  been  filed.     S.  L.  Decisions,  27. 

3.  A  notice  of  intention  to  file  an  affidavit,  a  verbal  complaint,  or  a  petition,  is 
not  sufficient  to  give  the  county  superintendent    jurisdiction  in    appeal    cases. 
Form  49.     S.  L.  Decisions,  37. 

SEC.  1831.  1.  The  affidavit  should  contain  a  statement  of  the  decision  com- 
plained of  and  its  date,  a  statement  of  facts  showing  that  the  appellant  has  an 
interest  in  the  decision  and  is  injuriously  affected  by  it,  and  the  assignment  of 
errors.  Form  49. 

2.  This  affidavit  being  the  first  paper  filed,  care  should  be  taken  that  the  case 
is  properly  entitled,  and  this  title  should  be  preserved  throughout    the  further 
progress  of  the  appeal.    The  date  of  filing  should  be  indorsed  upon  the  affidavit 

the  superintendent. 

3.  The  filing  of  an  affidavit  of  appeal  has  the  effect  of  arresting  all  action  by 
le  board  in  relation  to  the  matter  appealed  from. 

4.  During  the  pendency  of  an  appeal  all  matters  must  remain  in  statu  quo,  and 
lis  can  be  enforced  by  writ  of  injunction. 

5.  No  opinion  relating  to  matters  involved  in  an  appeal  will  be  given  to  inter- 
sted  parties  by  this  department. 

SEC.  1832.  1.  The  notice  should  describe  the  decision  or  order  appealed  from, 
30  that  it  may  be  identified,  and  should  require  the  district  secretary  to  tile  the 
transcript  with  the  superintendent  within  the  time  specified.  The  notice  may  be 
served  personally  or  sent  by  mail.  Form  50. 

2.  The  secretary  shall  make  and  forward  a  transcript  or  copy  of  the  record  of 
11  actions  of  the  board  relating  to  the  decision  or  order  appealed  from,  also  of  all 

stitions,  remonstrances,  plats,  and  other  papers  pertaining  thereto.  The  original 
ipers  must  be  preserved  with  the  district  records.  Form  51. 

3.  A  failure  to  file  the  transcript  will  not  affect  the  proceedings  in  any  other 
ray  than  to  cause  delay.     The  secretary  will  take  the  risk  of  censure  by  a  court 
>r  failure  to  attend  to  his  official  duty.     S.  L.  Decisions,  99. 

SEC.  1833.  1.  The  time  to  elapse  between  the  filing  of  the  transcript  and,  the 
taring  of  the  appeal  is  not  fixed  by  the  statute.  This  is  left  to  the  county  super- 
itendent  to  determine. 

2.  Notice  of  the  time  and  place  of  hearing  should  be  given  to  the  appellant,  to 
secretary  of  the  board,  and  to  any  other  persons  known  to  be  directly  inter- 
sted.  The  notices  may  be  served  personally  or  sent  by  mail.  Form  52. 


300  SCHOOL  LAWS  OF  IOWA. 

SEC.  1834.  It  the  time  thus  fixed  for  hearing,  he  shall  hear  testimony 
for  either  party,  and  for  that  purpose  may  administer  oaths  if  necessary, 
and  he  shall  make  such  decision  as  may  be  just  and  equitable,  which 
shall  be  final,  unless  appealed  from  as  hereinafter  provided. 

SEC.  1835.  An  appeal  may  be  taken  from  the  decision  of  the  county 
superintendent  to  the  superintendent  of  public  instruction,  in  the  same 
manner  as  provided  in  this  chapter  for  taking  appeals  from  the  district 

SEC.  1834.  1.  While  the  superintendent  is  not  a  court  in  the  strict  sense  of  the 
term,  he  is  required  to  administer  oaths,  to  hear  testimony  on  both  sides,  to  receive 
depositions,  and  to  render  a  just  and  equitable  decision. 

a.  While  mere  technicalities  should  not  be  permitted  to  prevent  the  attainment 
of  justice,  it  is  not  inappropriate  that  as  to  evidence  and  practice  the  superintend- 
ent should  be  governed  by  many  of  the  rules  which  ordinarily  obtain  in  courts. 

3.  The  county  superintendent  may  not  guarantee  witness  fees,  issue  subprenas, 
nor  give  any  judgment  for  costs  or  other  expenses. 

4.  While  the  county  superintendent  may  not  compel  the  attendance  of  wit- 
nesses at  the  trial  of  an  appeal,  he  may  order  depositions  to  be  taken,  in  accord- 
ance with  sections  3692-3696,  Code,  and  thus  secure  the  required  testimony. 

5.  In  case  of  disturbance  or  interruption  during  the  trial  of  an  appeal  before  a 
county  superintendent,  as  he  is  not  invested  with  judicial  power,  he  has  only  the 
ordinary  remedy  of  complaint  to  the  proper  authorities,  as  provided  for  in  section 
4069,  Code. 

6.  The  docket  or  minutes  of  the  superintendent  should  commence  by  noting 
the  filing  of  the  affidavit.    He  will  afterward,  as  the  acts  transpire,  record  the 
sending  of  the  notice  of  appeal  to  the  district  secretary,  the  filing  of  the  transcript, 
the  sending  of  notices  of  the  hearing,  and  any  adjournment  of  the  case  that  may 
be  granted.     At  the  trial  he  will  carefully  note  down  the  names  of  all  parties 
appearing,  and  their  post  office  address,  and  whether  they  appear  for  or  against 
the  appeal,  also,  the  filing  of  all  papers  and  names  of  witnesses,  and  in  whose 
behalf  such  papers  or  witnesses  are  introduced.    The  decision  of  the  superintend- 
ent will  form  an  appropriate  close  of  his  minutes.    Forms  50,    51,   52  and  53. 
S.  L.  Decisions,  22. 

7.  All  testimony  must  be  given  under  oath,  and  the  substance  reduced  to  writing 
at  the  time  by  the  county  superintendent.     It  is  recommended  that  a  summary 
of  what  each  witness  testifies  be  made,  read  to  the  witness,  and  signed  by  him.    It 
is  of  the  first  importance  that  the  record  of  the  testimony  be  full  and  accurate,  as 
the  decision  of  the  county  superintendent,  also  of  the  superintendent  of  public 
instruction,  in  case  the  appeal  is  carried  up,  must  be   based  upon  the  record  of 
evidence  introduced.     This  testimony  should  be  preserved  with  the  other  papers 
of  the  case. 

SEC.  1835.  1.  Appeals  to  the  superintendent  of  public  instruction  are  con- 
ducted in  the  same  manner  and  governed  by  the  same  rules,  so  far  as  applicable, 
as  appeals  to  county  superintendents.  The  basis  of  the  appeal  must  be  an  affida- 
vit filed  in  the  office  of  the  superintendent  of  public  instruction,  within  thirty  days 
from  the  date  of  the  decision  appealed  from.  For  form  and  contents  of  the 
affidavit  see  notes  to  sections  1830-31. 

2.  Upon  the  filing  of  an  affidavit  the  superintendent  of  public  instruction  will 
notify  the  county  superintendent  to  forward  a  transcript  of  the  papers  in  the  case 
within  thirty  days.  The  original  papers  must  be  preserved  on  file  in  the  county 
superintendent's  office. 


SCHOOL  LAWS  OF  IOWA.  101 

board  to  the  county  superintendent,  as  nearly  as  applicable,  except  that 
he  shall  give  thirty  days'  notice  of  the  appeal  to  the  county  superinten- 
dent, and  the  like  notice  shall  be  given  the  adverse  party.  And  the 
decision,  when  made,  shall  be  final. 

SEC.  1836.  Nothing  in  this  chapter  shall  be  so  construed  as  to  au- 
thorize either  the  county  or  state  superintendent  to  render  a  judgment 
for  money,  neither  shall  they  be  allowed  any  other  compensation  than  is 
now  allowed  by  law.  All  necessary  postage  must  first  be  paid  by  the 
party  aggrieved. 

3.  Upon  the  filing  of  the  transcript,  thirty  days'  notice  of  the  time  set  for  hear- 
ing will  be  given  to  all  parties  interested.     This  time  of  thirty  days  may  be  dimin- 
ished on  the  written  agreement  of  both  parties.     Form  53. 

4.  It  is  suggested  that  when  it  is  possible,  the  transcript,  or  at  least  the  testi- 
mony, be  sent  in  work  from  a  typewriter.    See  also  preface  to  School  Law  Decis- 
ions of  1892. 

5.  At  the  hearing,  parties  interested  may  appear  personally  or  by  attorney,  and 
argue  their  cases  orally  if  they  desire,  or  they  may  send  arguments  in  writing,  or 
if  possible,  in  typewriting. 

6.  The  record  of  the  case  in  the  office  of  the  county  superintendent,  which  is  a 
public  record  and  should  be  open  as  such  to  examination  by  parties  interested, 
will  furnish  all  needed  data,  where  access  to  the  transcript  sent  up  is  inconvenient. 

7.  The  superintendent  of  public  instruction  will  not  hear  original  testimony  in 
cases  submitted  to  him.    S.  L.  Decisions,  126. 

8.  Any  person  aggrieved  by  an  action  of  the  county  superintendent  in  refusing 
grant  a  certificate  or  in  revoking  the  same,  may  apply  to  him  for  a  rehearing, 

le  proceedings  to  correspond  as  nearly  as  possible  to  the  proceedings  in  the  case 
)f  an  appeal  from  a  board  of  directors.  If  any  party  is  aggrieved  by  the  result  of 
:his  investigation,  an  appeal  may  be  taken  therefrom  to  the  superintendent  of 
mblic  instruction. 

A  party,  in  whose  favor  an  appeal  is  decided,  has  the  remedy  of  a  writ  of 
mandamus  from  a  court  of  law  to  enforce  the  decision  of  appeal.     69  Iowa,  533. 

SEC.  1836.  Payment  for  postage  in  advance  will  be  required  with  the  affidavit. 
Lt  is  impossible  to  tell  what  amount  of  postage  will  be  needed  in  each  case,  and 
me  dollar  will  be  required,  to  cover  all  needed  postage.  If  the  dollar  does  not 
company  the  affidavit,  the  filing  will  necessarily  be  delayed  until  the  amount  is 

jceived. 


TABLE  OF  CONTENTS. 


PAGE 

APPEALS 98 

ATTENDANCE 72 

BOARD  OF  DIRECTORS 21 

BOARD  OF  SUPERVISORS 68 

BONDS 92 

BOUNDARIES 74 

CHANGES  IN  FORM  OF  DISTRICT 84 

COUNTY  AUDITOR 69 

COUNTY  HIGH  SCHOOLS 12 

COUNTY  SUPERINTENDENT 60 

COUNTY  TREASURER 70 

DISTRICT  TOWNSHIP  MEETING 17 

FORMATION  OF  INDEPENDENT  DISTRICTS 76 

FORMS : 105 

GENERAL  PROVISIONS 56 

INDEPENDENT  DISTRICT  ELECTION , 79 

MISCELLANEOUS 70 

PRESIDENT 43 

SCHOOL  DISTRICTS 16 

SCHOOL-HOUSE  SITES 96 

SECRETARY 44 

STATE  AGRICULTURAL  COLLEGE 10 

STATE  BOARD  OF  EXAMINERS 58 

STATE  NORMAL  SCHOOL 7 

STATE  UNIVERSITY 9 

SUBDIRECTOR 50 

SUBDISTRICT  MEETING : 19 

SUPERINTENDENT  OF  PUBLIC  INSTRUCTION 5 

TAXES 66 

TEACHERS 54 

TEXT-BOOK  LAW 27 

TREASURER  . .  47 


BLANK  FORMS. 


NUMBER   1. 

Form  for  Proceedings  of  District  Township  Meeting. 
[Section  1717.) 

March ,189. . 

The  electors  of  the  district  township  of ,  in  the  county  of ,  and 

state  of  Iowa,  assembled  at pursuant  to  previous  notice.  The  meeting 

was  called  to  order  by  the  president  at o'clock m.  The  secretary  being 

absent, was  appointed  secretary. 

The  order  of  business  was  stated  by  the  president. 

On  motion  of ,  a  tax  of dollars  was  voted  for 

school-house  purposes. 

moved  that  a  tax  of  eight  hundred  dollars  be  voted 

for  the  purpose  of  erecting  a  school-house  in  subdistrict  No. . . 

moved  to  amend  by  striking  out  "eight  hundred 

dollars"  and  inserting  "one  thousand  dollars,"  which  motion  was  carried  and  the 
motion  as  amended  was  decided  in  the  affirmative. 

moved  to  transfer dollars  of 

unused  school-house  fund  to  teachers'  (contingent)  fund.  Carried. 

moved  that  the  various  powers  conferred  by  law  on 

the  district  meeting,  which  may  be  delegated  to  the  board  of  directors,  be  and  the 
same  are  hereby  so  delegated.  After  discussion  the  vote  was  taken  and  the  motion 
was  adopted. 

On  motion  of , ,  the  meeting  adjourned. 


Chairman. 
Secretary. 


NOTE. — It  is  essential  that  the  secretary  make  a  full  and  accurate  record  of  the 
>ceedings  of  the  district  township  meeting,  which  should  be  submitted  to  the 
ddent  for  his  approval  at  the  close  of  the  meeting,  and  afterwards  recorded  in 
ic  district  records,  or  otherwise  preserved. 

These  records,  together  with  all  certificates  of  the  action  of  any  subdistrict  in 
ilation  to  voting  school-house  taxes,  must  be  submitted  by  the  secretary,  who  is 
le  proper  custodian  of  the  records,  to  the  board,  at  the  meeting  held  on  the  fol- 
>wing  Monday,  to  form  the  basis  of  its  action  in  apportioning  and  certifying 
?hool-house  taxes  to  the  board  of  supervisors. 


SCHOOL  LAWS  OF  IOWA. 


NUMBER  2. 

Form  of  Notice  for  Annual  Meeting  in  Subdistricts . 
[Section  1718.] 

Notice  is  hereby  given,  that  a  meeting  of  the  qualified  electors  of  subdistrict 

No ,  of  the  district  township  of ,  in  the  county  of ,  and  state  of 

Iowa,  will  be  held  at ,  on  the  first  Monday  in  March,  189. .,  at. .  .o'clock, 

for  the  election  of  one  subdirector,  and  the  transaction  of  such  other  business  as 
may  legally  come  before  it. 

Dated..  .,  189.. 


Subdirector  of  Subdistrict  No 

NOTES. — (a)  In  case  there  is  no  subdirector,  the  above  notice  must  be  given  by 
the  secretary  of  the  district  township.  It  must  be  posted  five  days  previous  to  the 
meeting,  in  at  least  three  public  places  in  the  subdistrict.  The  notice  should 
designate  the  hour  of  meeting,  which  cannot  be  earlier  than  9  o'clock  a.  m.  Sec- 
tion 1789. 

(b)  When  an  organized  district  township  is  left  without  officers,  or  without  a 
quorum,  the  above  notice  for  a  special  election  should  be  posted  by  the  township 
trustees,  in  at  least  three  public  places  in  each  subdistrict,  changing  the  time  of 
holding  the  election  to  suit  the  circumstances  of  the  case.  Section  1714. 


NUMBER  3. 

Form  of  Proceedings  of  Annual  Subdistrict  Meeting. 
[Sections  1718,  1719,  1720.J 

March ,  189 .. 

The  electors  of  subdistrict  No ,  of  the  district  township  of ,  in 

the  county  of and  state  of  Iowa,  met  pursuant  to  previous  notice. 

was  appointed  chairman,  and secretary  of 

the  meeting. 

On  motion  of ,  the  meeting  proceeded  to  the  election  by 

ballot  of  one  subdirector. 

The  chairman  announced  the  result  of  the  ballot  to  be  as  follows: 

20  votes  were  cast  for  A  B;  15  votes  for  C  D;  and  10  votes  for  E  F;  upon  which 
A  B  was  declared  duly  elected  subdirector  for  the  ensuing  year. 

moved  that  a  tax  of dollars  be  voted 

for  the  erection  of  a  school-house  in  this  subdistrict. 

The  motion  was  lost. 

On  motion  of , the  meeting  adjourned. 


Chairman. 
Secretary. 


SCHOOL  LAWS  OF  IOWA.  107 

NOTES. — (a)  If  the  electors  desire  to  hold  a  caucus,  it  should  be  done  before 
the  subdistrict  meeting  is  called  to  order.  Only  one  ballot  can  be  had  for  the 
election  of  subdirector,  and  a  plurality  will  elect. 

(b)  The  amount  voted  by  the  subdistrict  must  be  certified  to  the  next  regular 
district  township  meeting. 

(c)  To  avoid  the  levy  of  taxes  upon  the  subdistrict,  the  district  township  may 
simply  be  requested,  by  a  vote  of  the  electors  of  the  subdistrict,  to  build  thenf  a 
school-house,  without  asking  for  a  definite  amount  of  money. 


NUMBER  4. 

Form  for  Certificate  of  Election  of  Subdirector. 
[Section  1719.] 

We  hereby  certify  that,  at  the  annual  meeting  of  subdistrict  No  ,  of  the 

district  township  of ,  in  the  county  of ,  and 

state  of  Iowa,  held  on  the  first  Monday  in  March,  189. .,    was 

duly  elected  subdirector  for  said  subdistrict. 


Chairman. 


Secretary. 

NOTES.— faj  This  certificate,  slightly  varied,  will  answer  in  case  of  the  election 
of  a  subdirector  at  a  special  meeting  called  by  the  township  trustees.  In  both 
cases,  it  should  be  presented  by  the  subdirector  elect  to  the  board  of  the  district 
township,  and  filed  with  the  president  of  said  district. 

(b)  In  case  of  a  tie  vote,  the  fact  should  be  certified  in  a  similar  manner  to  that 
given  in  the  above  form,  by  the  officers  of  the  meeting. 


NUMBER  5. 

Form  for  Certificate  of  the  Tax  Voted  by  Subdistrict  Meeting. 

[Section  1718,  1778.] 
To , 

Secretary  of  the  board  of  directors  of  the  district  township 

of 

I  hereby  certify  that  the  electors  of  subdistrict  No ,of  the  district 

township  of ,  in  the  county  of ,and  state  of 

Iowa,  at  the  annual  meeting,  held  on  the  first  Monday  in  March,  189..,  voted  a 
tax  of dollars  for  the  erection  of  a  school-house  in  said  subdistrict. 


Subdirector. 

TOTE. — This  certificate  may  be  made  either  by  the  subdirector  or  by  the  chair- 
in  and  secretary  of  the  subdistrict  meeting. 


108  SCHOOL  LAWS  OF  IOWA. 


NUMBER  6. 

Proposals  for  the  Erection  (or  Repair)  of  a  School-house. 
[Section  1728.] 

Notice  is  hereby  given  that  the  proposals  for  the  erection  for  repair)  of  a  school  - 

house  in  subdistrict  No ,  in  the  district  township  of ,  in 

the  county  of ,  will  be  received  by  the  undersigned,  at  his 

office  in .(where  plans  and  specifications  may  be  seen),  until 

1  o'clock  p.  in., 189. .,  at  which  time  the  contract  will  be 

awarded  to  the  lowest  responsible  bidder.     The  board  reserve  the  right  to  reject 
any  or  all  bids. 


Secretary  of  the  Board  of  Directors. 


NUMBER  7. 

Form  of  Contract  for  Building  a  School-house. 
[Section  1723.] 

Contract  made  and  entered  into  between ,  of  the 

county  of ,  and  state  of  Iowa,  and ,  in 

behalf  of  the  district  township  of ,  in  the  county 

of ,  and  state  of  Iowa,  and  his  successors  in  office. 

In  consideration  of  the  sum  of , . .  .dollars,  to  be  paid  as  hereinafter 

specified,  the  said. hereby  agrees  to  build  a 

school-house,  and  to  furnish  the  material  therefor,  according  to  the  plans  and 
specifications  for  the  erection  of  said  house  hereto  appended,  at 


in  said  district  township.  The  said  house  is  to  be  built  of  the  best  material,  in  a  sub- 
stantial, workmanlike  manner,  and  to  be  completed  and  delivered  to  the  said 

. . ,  or  his  successors  in  office,  free  from  any  lien  for 

work  done  or  material  furnished,  on  or  before  the day  of , 

189. . .    And  in  case  the  said  house  is  not  finished  by  the  time  herein  specified,  the 

said shall  forfeit  and  pay  to  the  said , 

or  his    successors  in  office,  for  the  use  of  said  district  township,   the  sum  of 

dollars,  and  shall  also  be  liable  for  all  damages  that  may 

result  to  said  district  township  in  consequence  of  said  failure. 

The  said « . ,  or  his  successors  in  office,  in  behalf  of  said 

district  township,  hereby  agrees  to  pay  the  said the  sum 

of dollars  when  the  foundation  of  said  house'is  finished: 

and  the  further  sum  of dollars  when  the  walls  are  up  and 

ready  for  the  roof;  and  the  remaining  sum  of dollars  when  the 

said  house  is  finished  and  delivered  as  herein  stipulated. 


SCHOOL  LAWS  OF  IOWA.  109 

It  is  further  agreed  that  this  contract  shall  not  be  sublet,  transferred,  or  assigned, 
without  the  consent  of  both  parties. 
Witness  our  hands  this day  of ,  189. . 


Contractor. 


President. 

This  is  to  certify  that  the  foregoing  contract  was  approved  by  the  board  of  direc- 
tors of  the  district  township  of in  the  county  of , 

and  state  of  Iowa,  this day  of ,  189 . . 


President. 
Secretary. 

NOTES. — (a)  The  law  requires  the  board  to  make  all  contracts  necessary  to  carry 
out  any  vote  of  the  district,  and  the  president  of  the  district  to  sign  all  contracts 
made  by  the  board.  Section  1739.  Contracts  must,  in  all  cases,  be  made  according 
to  the  instructions  and  directions  of  the  board,  and  after  being  made  they  should 
be  approved  by  the  board  before  any  work  is  done. 

(b]  In  building  a  school-house,  it  is  important  to  secure  plans  of  the  building, 
with  full  specifications  as  to  its  dimensions,  style  of  architecture,  number  and  size 
of  windows  and  doors,  quality  of  materials  to  be  used,  what  kind  of  roof,  number 
of  coats  of  paint,  of  what  material  the  foundation  shall  be  constructed,  its  depth 
below  and  its  height  above  the  surface  of  the  ground,  the  number  and  style  of 
chimneys  and  flues,  the  provisions  for  ventilation,  the  number  of  coats  of  plaster- 
ing and  style  of  finish,  and  all  other  items  in  detail  that  may  be  deemed  necessary. 
The  plans  and  specifications  should  be  attached  to  the  contract,  and  the  whole  tiled 
with  the  secretary  of  the  district  township. 


NUMBER  8. 

Form  of  Bond  for  Performance  of  Contract. 
[Section  1723.] 


... 

tru 


Know  all  Men  by  these  Presents:    That  we, ,  as  principal, 

d and as  sureties,  of  the  county  of 

,  and  state  of  Iowa,  are  held  and  firmly  bound  unto  the  disr 

;rict  township  of ,  in  the  county  of 

and  state  of  Iowa,  in  the  penal  sum  of dollars,  for  the  payment  of 

which,  well  and  truly  to  be  made,  we  bind  ourselves,  our  heirs,  administrators  and 
assigns,  jointly,  severally  and  firmly  by  these  presents. 

The  condition  of  the  above  obligation  is  such  that,  whereas  the  said 

has  this  day  entered  into  a  written  contract  with ,  as 

president  of  the  board  of  directors  of  the  district  township  of , 

in  the  county  of ,  and  state  of  Iowa,  and  his  successors  in  office, 

for  the  erection  and  completion  of  a  school-house  in  said  subdistrict,  by  the 

K. . .  day  of 189. .,  according  to  the  plans  and  specifications 
the  construction  of  said  house  appended  to  said  contract. 


SCHOOL  LAWS  OF  IOWA. 

Now,  therefore,  if  the  said shall  faithfully  and  fully  comply 

with  all  the  stipulations  of  said  contract,  then  this  obligation  shall  be  void,  other- 
wise remain  in  full  force  and  virtue  in  law. 

In  testimony  whereof  we  have  hereunto  subscribed  our  names  this 

day  of ,  189.. 


Principal. 


Sureties} 


NUMBER  9. 

Bond  of  President. 
[Chapter  24,  Laws  of  1890.] 
Know  all  Men  by  these  Presents: 

That  we ,  of  the  county  of . . , , 

as  principal,  and , as  sureties, 

are  held  and  firmly  bound  unto  the  county  of ,  and  state 

of  Iowa,  in  the  penal  sum  of  FIVE  HUNDRED  DOLLARS,  for  the  payment  of  which 
we  bind  ourselves,  our  heirs,  executors  and  administrators,  firmly  by  these 
presents. 

The  Condition  of  the  Foregoing  Obligation  is,  That,  whereas,  the  above  named 

,  as  president  of  the  board  of  directors  of  the 

,  is  required  by  section  1  of  chapter 

24,  laws  of  1890,  to  take  charge  of,  care  for,  and  account  for,  all  text-books  and 
supplies,  and  to  return  all  moneys  received  from  the  sale  of  such  books  and  sup- 
plies to  the  contingent  fundpf  said  district;  now,  if  the  said 

shall  promptly  pay  over  to  the  treasurer  of  the  district  all  money  which  may 
come  into  his  hands  from  the  sale  of  books  and  supplies,  and  shall  account  in  full 
at  any  time  for  all  books  and  supplies  coming  into  his  hands,  and  at  the  close  of 
his  term  of  office  shall  deliver  to  any  person  or  officer  authorized  to  receive  the 
same,  all  books  and  supplies  unsold,  and  make  full  settlement  as  required  by  law, 
then  this  bond  to  be  void,  otherwise  in  full  force. 

Signed  this day  of ,  189. . 


NOTE. — At  least  two  sureties  are  required,  who  must  be  resident  freeholders  of 
this  state,  and  each  of  whom  must  make  the  affidavit  as  surety,  required  by 
section  249,  Code.  Both  the  principal  and  sureties  must  qualify  before  some  one 
empowered  to  administer  oaths. 


SCHOOL  LAWS  Oi  IOWA.  HI 


NUMBER  10. 

Notice  to  Publishers  of  School  Text-books. 
[Chapter  24,  Laws  of  1890. 1 

Notice  is  hereby  given  that  in  accordance  with  section  5,  chapter  24,  laws  of 

1890,  bids  will  be  received  up  to of  the day  of 

,    189..,  by ,  at 

,  for  the  following  text-books  and  supplies  for 

the  use  of  the  schools  of  said 

Approximate  Number  Needed  for  First  Supply. 

Readers,  First  to  Fifth,  inclusive 

Arithmetics,  two  books 

Speller 

Geographies,  two  books 

United  States  History.   , 

Grammar 

Language  Lessons 

Copy  books,  1-5  inclusive , 

Physiology 


Approximate  number  of  pupils  in  attendance  upon  the  schools  of  said 

,  during  the  year  189 . . , 

Samples  of  all  text-books  included  in  any  bid  must  be  deposited  and  remain  in 
the  office  of  the  county  auditor,  in  accordance  with  section  7  of  said  act. 
The  board  reserve  the  right  to  reject  any  or  all  bids,  or  any  part  thereof. 

,  President. 

,  Secretary. 

,,  189.. 


NUMBER  11. 

Bond  of  Contractor. 

[Chapter  24,  Laws  of  1890.J 

Know  all  Men  by  these  Presents:    That  we, 

>f as  principal,  and 


sureties,  are  held  and  firmly  bound  unto 

in  the  penal  sum  of. 


be  paid  to  the  said 

for  which  payment  well  and  truly  to  be  made,  we  bind  ourselves,  our  heirs,  execu- 
)rs  and  administrators,  firmly  by  these  presents. 


112 


SCHOOL  LAWS  OF   IOWA. 


The  conditions  of  the  above  obligation  are  such  that  if  the  above  bounden 

shall  well  and  truly  fulfill  and  comply 

with  all  the  obligations  of  their  contract  made  on  the day  of 

,  189 . . ,  with  the  aforesaid 

providing  for  the  furnishing  of  school  text-books  at  prices  and  on  conditions  set 
forth  in  their  said  contract,  a  copy  of  which  said  contract  is  hereto  attached  and 
made  a  part  thereof,  then  this  obligation  to  be  void;  otherwise  to  remain  in  full 
force  and  effect. 

In  testimony  whereof  we  have  hereunto  subscribed  our  names  this 

day  of -,  189.. 


Principal 


Sureties. 

NOTE — At  least  two  sureties  are  required,  who  must  be  resident  freeholders  of 
this  state,  and  each  of  whom  must  make  this  affidavit  as  surety,  required  by  sec- 
tion 249,  Code.  Both  the  principal  and  sureties  must  qualify  before  some  one 
empowered  to  administer  oaths. 


NUMBER  12. 

Petition-  for  County  Uniformity. 
[Chapter  24,  Laws  of  1890.] 

1  o . . ,   County  Superintendent, 

county,  Iowa. 

In  accordance  with  section  8,  chapter  24,  laws  of  1890,  we,  the  undersigned, 
holding  the  office  of  school  director,  ask  for  the  ad'option  of  a  uniform  series  of 
text-books  in  the  schools  of  said  county,  and  that  you  take  steps  to  submit  the 
question  to  the  electors  of  the  county,  at  the  annual  school  meeting  in  March,  as 
provided  for  in  section  9,  of  said  act. 


NAMES. 

DISTRICT   OR  SUBDISTRICT 
NAME   OR  NUMBER. 

TOWNSHIP. 



189. 


SCHOOL  LAWS  OF  IOWA.  H3 


NUMBER  13. 

Form  for  Certificate  of  Appointment  of  School  Officers. 
[Section  1730.] 

,189.. 

To : 

You  are  hereby  notified  that,  at  a  meeting  of  the  board  of  directors  of  the  dis- 
trict township  of ,  in  the  county  of , 

and  state  of  Iowa,  held  on  the day  of ,  189. .,  you  were 

duly  appointed  (here  name  the  office]  in  and  for  said  district  township,  to  fill  the 
vacancy  occasioned  by  the  (here  state  the  cause  of  the  vacancy]  of 


Secretary  of  the  Board  of  Directors. 

NOTE— For  the  appointment  of  subdirector,  insert  in  the  above  form  the  words 
subdistrict  number of  immediately  after  the  word  for. 


NUMBER  14. 

Form  for  Bond  of  Secretary  or  Treasurer. 
[Section  1731.] 

Know  all  Men  by  these  Presents:  That  I, ,  as  principal, 

and and as  sureties  of 

the  district  township  of ,  in  the  county  of * , 

and  state  of  Iowa,  are  held  and  firmly  bound  unto  the  district  township  of 

,  in  the  said  county  and  state,  in  the  penal  sum  of 

dollars,  to  be  paid  to  the  said  district  township  of 

,  for  which  payment,  well  and  truly  to  be  made,  we  bind 

ourselves,  our  heirs,  executors  and  administrators  firmly  by  these  presents. 

The  condition  of  the  above  obligation  is  such  that  if  the  above  bounden 

,  shall  well  and  truly  fulfill  the  duties  of  secretary 

(or  treasurer)  in  the  district  township  of ,  and  county 

of and  state  of  Iowa,  to  the  best  of  his  ability, 

according  to  law,  then  the  above  obligation  to  be  void,  otherwise  to  remain  in  full 
force  and  action  in  law. 

In  testimony  whereof  we  have  hereunto  subscribed  our  name  this day 

of ,  189.. 


Principal. 


\ 


Sureties. 


114  SCHOOL  LAWS  OF  IOWA. 

STATE  OF  IOWA,       ) 
county,  f 

I, ,  do  solemnly  swear  (or  affirm)  that  I  will  support 

the  constitution  of  the  United  States,  and  the  constitution  of  the  state  of  Iowa,  and 
that  I  will  faithfully  and  impartially  discharge  the  duties  of  secretary  (or  treas- 
urer) of  the  district  township  of ,  in  the  county  of 

,  and  state  of  Iowa,  according  to  law  and  as  provided  by 

the  condition  of  my  bond  above  written. 


Subscribed  and  sworn  to  before  me  by  the  above  named 

this day  of  ,  189 . . 

In  testimony  whereof  witness  my  hand  and  official  seal. 


[SEAL.]  Notary  Public. 

STATE  OF  IOWA,  )  „. 
county.      fbk 

I ,   being  duly  sworn,    depose   and  say 

that  I  am  a  resident  freeholder  of  the  state  of  Iowa,  and  am  worth  the  sum  of 

dollars  beyond  the  sum  of  my  debts,  and  have 

property  liable  to  execution  in  this  state  equal  to  the  sum  of 

dollars. 


Subscribed  and  sworn  to  before  me  by  the  above  named. 

this day  of ,  189. . 

In  testimony  whereof  witness  my  hand  and  official  seal. 


[SEAL.]  Notary  Public. 

NOTES. — (a)     See  section  1731,  notes. 

(b)    The  aggregate  amount  to  which  the  sureties  are  required  to  qualify,  is 
double  the  amount  of  the  bond  required.     Section  249,  Code. 


NUMBER  15. 

Form  of  Certificate  for  Election  of  the  Officers  of  the  Board,  to  the  County  Super- 
intendent^ Auditor,  and  Treasurer. 

[Section  1736.] 

I  hereby  certify  that  at  a  meeting  of  the  board  of  directors  of  the  district  town- 
ship of ,  held  on  the day  of 

,  189 . . ,  the  following  named  officers  were  elected  and  have 

duly  qualified  according  to  law: 

,  to  the  office  of ,  P.  O.  Address 

,  to  the  office  of ,  P.  O.  Address 

Dated  at..  ,  189.. 


Secretary. 

NOTE.— All  the  officers  of  the  board,  in  addition  to  the  oath  which  they  may 
have  taken  as  members,  must  take  the  oath  of  office  as  prescribed  by  section  5, 
article  11,  of  the  constitution. 


SCHOOL  LAWS  OF  lOWA.  H5 


NUMBER  16. 

Form  of  Draft  on  the  County  Treasury. 
[Sections  1739,  1785.] 

To ,  County  Treasurer: 

Pay  to ' ,  treasurer  of  the  district  township 

of ,  in  the  county  of , 

and  state  of  Iowa dollars  school-house  fund, 

•dollars  contingent  fund,  and dollars  teachers'  fund,  being  the 

amount  of  taxes  collected  and  due  this  district,  for  the  quarter  ending  on  the 

first  Monday  of ,  as  shown  by  your  notice  of , 

189.. 


President. 


Secretary. 

NOTE. — Whenever  a  draft  is  drawn  on  the  county  treasury,  it  is  the  duty  of  the 
secretary  to.  charge  the  district  treasurer  with  the  amount  named  in  the  draft, 
keeping  a  separate  account  with  each  fund.  Section  1782. 


NUMBER  17. 

Form  of  Order  on  District  Treasury. 

[Section  1739.] 

& ' ,  189. 

To ,  treasurer  of  the  district  township  of. 


Pay  to ,  or  order,  the  sum  of dollars 

from  the  (here  state  the  fund]  fund  for  (here  state  the  object  for  which  drawn}. 


President. 


Secretary. 


NOTE. — No  order  shall  be  drawn  on  the  district  treasury,  until  the  claim  for 
which  it  is  drawn  has  been  audited  and  allowed.    Section  1733. 
All  orders  drawn  on  the  district  treasury  should  be  registered  by  the  secretary 
per  form  20. 


116  SCHOOL  LAWS  OF  IOWA. 


NUMBER  18. 

Form  of  Lease. 

[Section  1739.] 

Know  all  Men  by  these  Presents;  That . . . . ,  of  the  county  of 

.  • and  state  of  Iowa,  for  the  consideration  hereinafter 

mentioned,  does  hereby  lease  unto , ,  president  of 

the  board  of  directors  of  the  district  township  of .,  in  the- 

county  of ,  and  state  of  Iowa,  or  his  successor  in  office,. 

for  the  use  of  said  district  township  for  school  purposes,  the  following  described 
premises,  situated  in  the  county  and  state  aforesaid,  to-wit:  (Here  describe  the 
house  and  lot  or  parcel  of  ground]  together  with  all  the  privileges  thereto  belong- 
ing, for  the  term  of from  the  day  of 

189.. 

The  said president  as  aforesaid,  or  his  successor 

in  office,  hereby  agrees  to  pay  the  said for  the  use  of 

said  premises,  the rate  of dollars  to  be  paid 

at  the  expiration  of  this  lease. 

In  testimony  whereof  we  have  hereunto  subscribed  our  names  this 

day  of ,  189.. 

Signed  in  duplicate.  


President. 

NOTE. — As  a  matter  of  safety,  the  above  lease  should  be  executed  in  duplicate, 
one  to  be  held  by  the  secretary  of  the  board,  and  the  other  by  the  lessor.  The 
lease  should  be  approved  by  the  board,  as  in  case  of  a  contract,  and  should  be  filed 
with  the  secretary. 


NUMBER  19. 

Form  of  Deed. 
[Section  1739.  j 

-7  Know  all  Men  by  these  Presents:    That  we, and 

,  h ,  of  the  county  of 

and  state  of  Iowa,  in  consideration  of  the  sum  of  .   dollars- 

in  hand  paid,  do  hereby  sell  and  convey  unto  the  district  township  of . . .  v , 

in  the  county  of ,  and  state  of  Iowa,  the  following 

described  premises,  situated  in  the  county  of  ,  and  state 

of  Iowa,  to-wit:  (Here  describe  the  premises.) 

And  we  do  hereby  covenant  with  the  said  district  township  that  we  are  lawfully 
seized  of  said  premises;  that  they. are  free  from  incumbrance;  that  we  have  good 
right  and  lawful  authority  to  sell  the  same;  and  we  do  hereby  covenant  to  warrant 


SCHOOL  LAWS  OF  IOWA. 


117 


and  defend  the  title  to  the  said  premises  against  the  lawful  claims  of  all  persons 
whomsoever. 


Signed  this ' day  of ,  189 . . 

STATE  OF  IOWA,  / 
county.      f 

On  this day  of ,  189. .,  before 

me,  a  notary  public  in  and  for  said  county,  personally  came, 

and -. . . . ,  h ,  personally  to  me  known  to  be  the  identical 

persons  whose  names  are  affixed  to  the  above  deed,  for  the  purposes  therein 
•expressed. 

Witness  my  hand  and  notarial  seal  this day 

[L.  s.]  of ,  189.. 


Notary  Public. 

NOTES. — (a)  In  purchasing  the  grounds  for  school-house  purposes,  the  presi- 
dent should  require  an  abstract  of  title  and  satisfy  himself  that  the  property  is 
free  from  incurnbrance.  Let  the  property  in  all  cases  be  conveyed  to  the  district 
in  its  corporate  name.  The  deed  should  be  recorded  and  afterwards  filed  with 
the  president. 

(b)  In  case  of  the  donation  of  school-house  site,  the  following  reversionary 
•clause  may  be  appended  to  the  deed:    Provided,  that  if,  Jor  the  space  of  two  con- 
secutive years  said  premises  shall  cease  to  be  used  for  school  purposes,  the  same  shall 
revert  to  the  original  donor;  his  heirs  or  assigns,  without  legal  hinderance  or  expense. 

(c)  Since,  by  section  1827,  the  receipt  of  the  treasurer  for  the  money  deposited 
with  him,  for  the  owner  of  the  land,  may  be  the  only  evidence  of  title,  such  receipt 
should  have  a  full  description  of  the  property,  contain  the  proviso  of  note  (b) 
of  this  form  with  this  addition:  upon  the  repayment  of  the  principal  amount  paid  by 
the  district,  without  interest,  together  with  the  value  of  any  improvements  thereon 
made  by  the  district,  and  the  receipt  should  be  recorded  by  the  county  recorder. 


NUMBER  20. 

Form  of  Order  Eegister  of  Secretary  and  Treasurer. 
[Section  1741.] 


IN  WHOSE   FAVOR 
DRAWN. 


FOR  WHAT  PURPOSE. 


•§ 

II 


CO 


P   O 

I 


11 


1  [April  7,  189. , 
2 'April  7,  189., 

'April  7.  189. 

May  10,  189. 

May  14,  189 


, | John  Smith 
,  A.  J.  Adams 
.  JoelB.  Young.. 
.  Thos.  Harrison. 
. ISarah  Johnson. 


Teaching  school 

Rep.  on  school-house. . 

P  uel 

Erection  of  S  -house.. . 
Teaching  school 


5.00 
125.00 


5.00 


$45.00 


63.74 


118  SCHOOL  LAWS  OF  IOWA. 

NOTE. — The  law  requires  both  the  secretary  and  treasurer  to  keep  a  register  of 
all  orders  drawn  on  the  district  treasury,  containing  a  record  of  each  item 
enumerated  in  the  above  form. 

Whenever  orders  are  drawn,  the  secretary  should  register  them  and  furnish  the- 
treasurer  with  a  transcript  of  the  same  to  place  upon  his  register. 

Whenever  partial  payment  is  made,  the  treasurer  should  indorse  the  payment 
on  the  order  and  take  a  receipt  for  the  amount  paid.  When  paid  in  full,  the- 
order  should,  in  all  cases,  be  indorsed  by  the  person  presenting  it,  and  left  with 
the  treasurer.  It  is  then  a  voucher  for  the  amount  paid. 


NUMBER  21. 

Form  of  Notice  of  District  Meeting. 
[Section  1742.] 

Notice  is  hereby  given  to  the  qualified  electors  of  the district 

of ,  in  the  county  of : , 

and  state  of  Iowa,  that  the  annual  meeting  of  said  district  will  be  held  at 

,  on  the  second  Monday  in  March,  189. .,  at. . .  .o'clock  . .  m.,  for  the 

transaction  of  such  business  as  may  legally  come  before  it. 


Secretary. 
189.. 


NOTES. — (a)  The  above  notice  must  be  posted  in  five  different  conspicuous^ 
places  in  the  district  and  a  copy  of 'the  same  furnished  to  the  teacher  of  each 
school  in  session  to  be  read  to  the  pupils  thereof.  In  independent  districts,  insert 
immediately  after  the  word  /or,  in  the  concluding  part  of  the  notice,  the  words- 
the  election  of  officers  and  in.  accordance  with  the  provisions  of  sections  1807>- 
1808,  and  section  4,  chapter  8,  laws*  of  1880. 

(0)  The  same  notice,  slightly  changed,  may  be  given  for  the  extra  meetings- 
provided  for  in  sections  1717i,  1807|,  and  1822,  changing  the  time  of  holding  the 
election  to  suit  the  circumstances  of  the  case. 


SCHOOL  LAWS  OF  IOWA. 


119 


NUMBER  22. 
[Section  1745.1 

Report  of  the  Secretary  of  the  ....................  District 

of  ......  ..................  ,  for  the  Year  Ending  September 


,  189.  . 


DIS- 
TRICTS. 

SCHOOLS. 

TEACHERS  AND  PUPILS. 

GENERAL. 

No.  of  subdistrict  or  name  of  in- 
dependent district. 

No.  ungraded. 

No.  of  rooms  in  graded  schools. 

INo.  of  mouths'  school  since  Sep- 
tember of  last  year. 

No.  employed. 

Average  compensation 
per  month. 

No.  of  persons  between 
the  ages  of  5  and  21 
years. 

Total  No.  of  different  scholars 
registered  in  the  school  since1 
last  September. 

Average  daily  attendance  in  each 
school. 

Average  cost  of  tuition  per  month 
for  each  pupil. 

No.  of  school-houses. 

0) 
3 
0 
A 

1 

A 
o 

00 

"o 
o 
£ 

"3 

> 

Value  of  apparatus. 

umes  in  library. 

No.  of  trees  set  out  on  grounds 
and  in  thrifty  condition. 

Is  the  law  requiring  effects  of 
stimulants  and  narcotics  to  be 
taught,  fully  complied  with? 

• 
»2 
"3 

& 

Females. 

r2 

"cS 

8 

Females. 

an 

o> 
« 
g 

Females. 

o 
> 

o 

d 
ft 

$... 

$... 

1 

1 

$ 

$ 

1 

.... 



Totals.. 

.... 

'.... 

* 

* 

* 

* 

* 

9  1$  

*  Leave  these  totals  blank. 


120  SCHOOL  LAWS  OF  IOWA. 

STATISTICS  OF   BLIND,    DEAF   AND   DUMB,    AND   FEEBLE-MINDED. 


NAME. 

AGE. 

NATURE   OF 
DEFECT. 

NAME   OF  PAR- 
ENT. 

P.     O.    ADDRESS. 

I  hereby  certify  that  the  foregoing  report  is  correct. 
post  office,  September ,  189 . . 


Secretary. 


NOTES.— (a)  At  the  regular  meeting  in  September,  call  the  attention  of  your 
board  to  section  690,  Code,  which  directs  it  to  settle  in  full  with  the  treasurer,  and 
require  him  to  account  for  and  produce  all  funds  and  property  under  his  control. 
The  fact  that  the  treasurer  has  made  a  complete  settlement,  and  that  he  is  in 
possession  of  the  funds,  should  be  indorsed  on  the  new  bond.  This  will  furnish 
the  legal  proof  that  the  treasurer  has  the  funds  in  his  possession. 

(b)  Two  or  more  terms  taught  in  the  same  school-house,  the  same  year,  con- 
stitute but  one  school. 

(c)  Express  all  fractions  decimally;    omit  cents  in  the  valuation  of  school- 
houses  and  apparatus. 

(d)  To  find  the  average  daily  attendance  in  the  district,  divide  the  sum  of  the 
total  attendance  in  days,  as  shown  by  the  register  of  the  teacher  or  teachers,  by 
the  number  of  days  the  school  has  been  taught. 

(e)  To  find  the  average  cost  of  tuition  per  month  for  each  pupil,  divide  the  total 
amount  paid  teachers  by  the  number  of  months,  and  this  quotient  by  the  average 
daily  attendance. 

(J)  The  average  compensation  per  month  averages  between  winter  and  summer 
schools,  or  of  all  the  teachers  of  the  same  grade  employed  in  a  given  district. 

(g)  Secretaries  must  file  their  reports  with  the  county  superintendent  immedi- 
ately after  the  meeting  of  the  board,  on  the  third  Monday  in  September. 


SCHOOL  LAWS  OF  1OW/ 


121 


NUMBER  23. 

Form  for  the  Treasurers'  Account  with  the  Teachers'  Fund 

[Sections  1747,   1748.J 
,  TREASURER,  in  account  with  Teachers'  Fund. 


DR. 


Sept,  28,  189.. 

Oct.  5,  189.. 

Jan.  4,  189. . 

April  5,  189. . 

April  5,  189.. 


July 


To  cash  received  of  County  Treasurer,  semi-annual  appor- 
tionment  

To  cash  received  of  County  Treasurer,  district  tax 

To  cash  received  of  County  Treasurer,  district  tax  

To  cash  received  of  County  Treasurer,  district  tax 

To  cash  received  of  County  Treasurer,  semi-annual  appor- 
tionment  

To  cash  received  of  County  Treasurer,  district  tax 


270.00 

75.00 

150.00 

197.00 

135.00 
100.00 


TREASURER,  in  account  with  Teachers'  Fund. 


OR. 


Oct     13    189 

By  cash  paid  James  Hogan  on  order  No.  1  

$  136.01 

Oct     13    189 

By  cash  paid  Sarah  Smith   on  order  No  3      

89.00 

Nov    14    189 

By  cash  paid  Nicholas  Hoover,  on  order  No.  4  

135.00 

May     3    189 

By  cash  paid  Louisa  Martin   on  order  No.  7  

82.00 

May     4    189  . 

By  cash  paid  Jas.  M.  Higgins,  on  order  No.  10  

115.00 

May     4    189. 

By  cash  paid  Stephen  Phelps,  on  order  No.  11  

175.00 

May     5,  189.. 

By  cash  paid  Amelia  Mason,  on  order  No.  13  

95.00 

NOTE. — A  similar  account  is  to  be  kept  with  the  school-house  fund  and  contin- 
gent fund,  and  a  statement  of  the  condition  of  any  fund  is  to  be  rendered  at  any 
time  when  required  by  the  board.  By  keeping  a  correct  account  of  the  orders,  as 
per  form  20,  the  treasurer  will  know  the  amount  outstanding,  and  can  readily 
determine  what  per  cent  on  each  he  can  pay  with  the  funds  on  hand. 

The  above  form  is  intended  for  separate  pages  opposite  each  other. 


NUMBER  24. 
[Section  1751.] 

Report  of  the  Treasurer  of  ike. . , District  

of , . . .,  for  the  year  ending  September ,  189 . . 

DR.  SCHOOL-HOUSE   FUND. 


CR. 


On  hand  at  last  report     

1 

Paid  for  school  -houses  and  sites.  . 

$... 

•• 

Received  from  district  tax 

Paid  on  bonds  and  interest  

Received  from  other  sources 

Paid  for  library  and  apparatus.  .  . 

Transferred  to  other  funds 

P'lid  for  other  purposes 

On  hand  

Total  '. 

j        Total  

122 
DR. 


SCHOOL  LAWS  OF  IOWA. 

CONTINGENT   FUND. 


CR. 


On  hand  at  last  report  

$ 

Paid  for  fuel,  rent  repairs  insur- 

Received from  district  tax  

ance,  and  janitors  .... 

$ 

Received  from  sale  of  text-books 

Paid  secretary  and  treasurer. 

and  supplies  

Paid    for    records     dictionaries 

Received  from  school-house  fund 

and  apparatus  

and  other  sources  

Paid  for  text-books  and  supplies 

to  be  resold  

Paid  for  general  supplies 

Paid  for  other  purposes  

On  hand  

Total.  . 

Total.. 

DR. 


TEACHERS'   PDND. 


CR. 


On  hand  at  last  report 

$ 

Paid  teachers  since  last  report 

$ 

Received  from  district  tax 

Paid  other  districts  for  tuition 

Received  from  semi-annual  appor- 

Paid for  other  purposes  

tionment      

On  hand 

Received  by  transfer  from  school- 
house  fund  

Received  from  other  sources  

Total  

Total  

I  hereby  certify  that  the  foregoing  report  is  correct. 
post  office,  September ,  189. 


,  Treasurer, 


NOTES. — (a)  The  totals  of  the  debit  and  credit  columns  in  each  fund  MUST,  IN  ALL 
CASES,  BE  EQUAL;  the  report  should  exhibit  the  exact  amounts  received  and  paid 
out  by  the  district  since  the  date  of  last  report.  Unpaid  orders  are  not  to  be 
reported. 

(b)  The  amount  on  hand  at  last  report  MUST  BE  IDENTICAL  with  the  amount 
reported  on  hand  in  your  last  report  to  the  county  superintendent. 

(c)  The  treasurer  is  required  to  make  a  full  report  to  the  board,  at  the  expira- 
tion of  his  term  of  office  on  the  third  Monday  of  September,  and  to  file  a  copy  of 
the  same  immediately  with  the  county  superintendent.     Section  1751  and  notes. 

(d)  The  report  must  be  made  in  the  identical  items  printed  on  this  blank.     Any 
deviation  or  interlining  simply  causes  the  county  superintendent  the  trouble  of 
condensing.    Itemize  fully,  and  take  pride  in  making  paid  for  other  purposes  as 
small  as  possible. 

(e)  The  report  made  to  the  county  superintendent  should  be  identical  with  the 
final  report  for  a  full  year  made  by  the  treasurer  to  the  board  at  its  meeting  on  the 
third  Monday  in  September. 


SCHOOL  LAWS  OF  IOWA. 


NUMBER  25. 

Form  of  Contract  between  Subdirector  (or  Secretary),  and  Teacher. 
[SECTIONS  1753,  1757,  1758.] 

This  contract,  between of county,  Iowa,. 

and ,  subdirector  of  subdistrict  No of  the  district 

township  of  ,  in  the  county  of and  state  of  Iowa,  witnesseth: 

That  the  said ,  agrees  to  teach  the  public  schools  in  said  sub- 
district  for  the  term  of weeks,  commencing  on  the day 

of ,  189. .,  and  well  and  faithfully  to  perform  the  duties  of  teacher  in 

said  school,  according  to  law,  and  the  rules  legally  established  for  the  government 
thereof,  including  the  exercise  of  due  diligence  in  the  preservation  of  school 
buildings,  grounds,  furniture,  apparatus,  and  other  school  property. 

In  consideration  of  said  services,  the  said ,  as  subdirector  aforesaid, 

in  behalf  of  said  district  township,  agrees  to  pay  the  said ,  the 

sum  of dollars  per  school  month,  at  the  end  of r 

and  to  perform  all  the  duties  required  by  law  as  such  subdirector. 

Witness  our  hands  this day  of ,  189.  . 

Teacher. 

Subdirector. 
The  within  contract  is  hereby  approved  this day  of ,  189. , 

President. 

NOTE.— With  a  little  variation  the  above  form  will  answer  for  independent 
districts.  The  subdirector  should  file  the  contract  with  the  president  and  secure 
his  approval  before  the  teacher  enters  upon  his  duties.  The  president  cannot 
withold  his  approval,  unless  there  has  been  a  violation  of  law,  or  the  instructions 
of  the  board  have  been  disregarded. 


NUMBER  26. 

Form  for  'List  of  Heads  of  Families  and  Children,  to  be  kept  by  Subdirectors. 

[Section  1754.  | 


PARENTS  OR  GUARDIANS. 


NAMES   OF   CHILDREN. 


SEX. 


AGE. 


John  Smith. . 
James  Jones. 
Byron. 


Peter  Smith 

Eliza  Smith 

William  Jones 

Charles  Peters,  (ward) 


James  Byron Male . 


Male 

Female 

Male 

Male.  . 


10  years. 
12  years. 
8  years. 
15  years. 
12  years. 


NOTE. — The  above  list  should  be  recorded  in  a  book,  and  carefully  preserved 
with  the  records  of  the  subdistrict,  from  this  record  the  subdirector  will  be  able  to 
make  his  annual  report  to  the  district  secretary,  as  required  by  section  1755. 


SCHOOL  LAWS  OF  IOWA. 


.« 


% 


a    § 

5  I 

^  s 


o 

?-l  b_, 

«  o 

oa  <» 


BRANCHES  STUDIED. 

'SOI^OO 

-IBU  pui?  s^uvjniui^g 

* 



* 

* 

* 

-room  in  the  district  with  a  bound  copy  of  school  regi-ster.  In  the  above  form,  E  indicates  the  date  of  the  pupil's 
;nce  in  the  afternoon;  20,  twenty  minutes  late  in  the  forenoon;  lOe,  ten  minutes  late  in  the  afternoon,  excused.  The 
s  present  the  entire  day.  Absence  at  roll-call  is  indicated  by  a  dot,  which  is  afterward  changed  by  figures,  or  a 
*  indicates  branch  studied. 

•A".KnsiH  'g  '£1 

* 

•A^ototsXqa 

» 

•atsraunuo 

* 

* 



•A-qdTuSoeo 

* 

* 

* 

•ona^uy  ue,^ 

* 

•otrauiqiuv    l^uajvi 

•3upuA\ 

* 

* 

* 



n 

|P 

•suip^a 

•A-qdtugoq^o 

•s.vBp  at  aoutipna^T?  IBJOJ, 

cc 

S 

3 

in 

0 

v 

JUNK. 

DAT  OF  MONTH. 

-umg    A'[>[8aA\. 

m 

cc 

m 

in 

m 

<» 

''S  ''5 

X 

•f  "itE 



X 

'8  ''AY 

X 



X 

•S'VL 

X 

i- 

•r-w 

^ 

X. 

•A*.n?ui 
-rang    Ai^aaAY 

"* 

m 

»n 

m 

CO 

« 

•62  "5 

V 

$ 

•SS'-qJ, 

^ 

M 

MS  ''AY 

& 

X 

W 

•9S'M 

« 

9) 

•CS"K 

X 

-rang    At^99AY 

3 

5 

* 

in 

0) 

•zz  '-^ 

^ 

'IS  "qi 

X 

s 

•os  "AY 

gx 

y  each  school 
noon  ;  /  ,  abse 
the  pupil  wa 
aces  require; 

•61  '\I 

'81  "H 

w 

H 

H 

H 

PUPILS. 

•aSy 

2 

S 

00 

IS 

m 

OS 

!NoTE  —  The  board  should  supp 
entrance;  \,  absence  in  the  fore 
absence  of  marks  indicates  that 
diagonal  mark,  as  the  circumsta 

NAME. 

Peter  Smith  

Eliza  Smith  

William  Jones  

Charles  Peters  

James  Byron  

Thomas  Ward  

•OK 

^                   ;<N 

CO 

•* 

m 

<o 

SCHOOL  LAWS  OF  IOWA. 


125 


'g 


M          ° 

S   I 


in  the  county  of  

BRANCHES  STUDIED. 

. 

B  is  a  faithful  and  correct  register  of  said  school. 
,  ,  Tetwhc.r. 

*sopoo 
••^K  pnTf  s}uti[niui)g 

* 

i 

•AIO^SIH  'S  '£1 

* 

.•A'SoioisA'qd 

* 

MTHUUIKIQ 

# 

* 

-.CqchuSoao 

* 

5 

•orjaraqjuv  «on«AV 

* 

•oiiaoiqiuv  W09K 

" 

taught  in  subdistrict  number  ,  of  the  district  township  of  , 
erm  commencing  on  the  18th  day  of  May,  189.  .,  and  ending/.  ..,189.. 

••mm* 

* 

4 

* 

* 

* 

* 

•auTpTOH 

* 

ft 

•£ 

* 

* 

•,<qdlu8oqW0 

i 

* 

* 

* 

* 

* 

•S.fup  Tit  80UT?pUa}:)'e  I^OJ, 



be 

a 

Attendance  in  days  for  weeks  commenci 

•8aunr 

,aunr 

« 

CO 

- 

1C 

iC 

;, 

•fiB^H 

<• 

S 

I  hereby  certify  that  the  abov 

•81  ABK 

"I 

3 

" 

1C 

u 

Register  of  the  school 
and  state  of  Iowa,  for  the  t 

cc 

•aSy 

g 

sj 

GO 

»C                   C-l 

a> 

H 

M 
^ 

Peter  Smith  

Eliza  Smith  

. 

William  Jones  

Chiirlcs  Poters  

• 

S 

Thomas  Ward  

•ON: 

*"" 

4* 

CO 

-* 

1 

!L  2  6  SCHOOL  LAWS  OF  IOWA. 


NUMBER  29. 
Form  of  Teacher's  Certificate. 

[Sections  1766,  1767.] 
TEACHER'S CLASS  CERTIFICATE. 

OFFICE  OF  COUNTY  SUPERINTENDENT,      } 

county,  Iowa,  v 

No ,  189..      \ 

This  certifies  that , has  passed  an  examination,  as 

required  by  law,  with  results  hereto  appended,  and  that possesses  a 

good  moral  character,  aptness  to  teach  and  ability  to  govern.     I  hereby  authorize 

to  teach  in  the  public  schools  of county  for  a  period 

of months  from  the  date  of  this  certificate. 

Per  cent.  Per  cent. 

Orthography U.  S.  History 

'Reading Effects  of  stimulants,  etc 

Writing Theory  of  teaching 

Arithmetic Practice  of  teaching 

'Geography — 

^Grammar 

Physiology 


County  Superintendent. 
.— This  certificate  is  valid  only  in  the  county  where  granted. 


SCHOOL  LAWS  OF  TOWA. 


127 


NUMBER  30 

Form  for  Monthly  Report  oj  Institute  Fund. 
[Section  1769.] 

Received  from  examination  fees,  for  the  month  of and  paid 

to  the  treasurer  of * county,  Iowa,  as  required  by  Chapter  57, 

Laws  of  1874,  as  amended  by  Chapter  54,  Laws  of  1878. 


NAME   OF   APPLICANT. 

AMOUNT 
KECEIVED. 

NAME   OF  APPLICANT. 

AMOUNT 
RECEIVED. 

1 

2 
3 
4 
5 
0 
7 
8 
9 
10 
U 
12 
13 
14 
15 
16 
17 
18 
1<) 
•20 
•21 
'22 
•23 
424 
'25 
:2r> 

$ 

27 

$ 

28 

•)() 

;;o 

HI 

32 

33 

34 

85 

3ii 

37 

38 

3<) 

40 

41 

40 

43 

| 

44 

• 

45 

4(? 

47 

48 

4() 

50 

51 

5° 

Total  

• 

$  

I  certify  that  the  above  report  is  correct. 
.,  Iowa. 


,1,  189.. 


County  Superintendent. 


NOTES — (a)    The  monthly  report  and  payment  of  institute  fund  required  by 
section  1769  should  be  made  on  the  first  day  of  each  month. 

Ib]    By  section  1769,  one  dollar  must  be  paid  by  every  applicant  for  a  certificate. 


128  SCHOOL- LAWS  OF  IOWA. 


NUMBER  81. 

Form  for  Receipt  of  Institute  Fund. 
[Section  1769. J 


RECEIVED  OF ,  superintendent 

of  schools county,  Iowa, dollars 

institute  fund. 

,  Iowa. , 

1 ,  189 . .  County  Treasurer. 


NUMBER  32. 

of  Application  for  Teachers'  Normal  Institute. 
[Sections  1769  and  1584.] 

OFFICE  OF  COUNTY  SUPERINTENDENT,  ) 
county 189 ..  ) 

To  the  Superintendent  of  Public  Instruction: 

From  satisfactory  evidence  on  file  in  this  office,  I  hereby  certify  that  not  less 

than  twenty  teachers  desire  to  assemble  at , 

county,  Iowa,  on  the day  of J..  ,  189. ., 

for  the  purpose  of  holding  a  teachers'  normal  institute,  to  remain  in  session  for  a 
period  of weeks. 

I  shall  act  as  director,  and  have  appointed  subject  to  your  approval, 

conductor, 

and assistants 

and  hereby  request  your  concurrence  in  said  appointments. 


County  Superintendent. 


SCHOOL  LAWS  OF  IOWA. 


129 


NUMBER  33. 

Form  for  Report  of  Registration  Fees,  Institute  Fund. 
[Section  1769.] 

Received  from  registration  fees  of  normal  institute,  held  at , 

commencing ,  189. .,  for  a  period  of , weeks,  and 

paid  to  the  treasurer  of county,  Iowa,  as  required  by 

Chapter  57,  Laws  of  1874,  as  amended  by  Chapter  54,  Laws  of  1878. 


NAME   OF   TEACHER. 

: 
AMOUNT 
RECEIVED. 

NAME   OF   TEACHER. 

AMOUNT 
RECEIVED. 

1 

o 
3 
4 
5 

6 
7 
8 
9 
10 
11 
12 
13 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 

$ 

27 

$ 

98 

\"" 

v>9 

RO 

31 

3'? 

33 

34 

35 

36 

37 

m 

39 

•10 

41 

40 

43 

44 

45 

46 

47 

'18 

49 

50 

51 

State  appropriation 
Total.  . 

I  hereby  certify  that  the  above  report  is  correct. 


County  Superintendent. 


Iowa. 
189.. 


130  SCHOOL  LAWS  OF  IOWA. 


NUMBER  34. 

Form  of  Order  on  Institute  Fund. 
[Section  1769.1 

OFFICE  OF  COUNTY  SUPERINTENDENT, 
$ county, ,  189.. 

To ,  Treasurer  of county : 

Pay  to ,  or  order, dollars  out  of  the 

institute  fund,  for ,  as  per  bill  No ,  approved  this 

day,  as  required  by  law,  and  on  tile  in  my  office. 

No , 

County  Superintendent. 

NOTE. — The  county  superintendent  must  pay  to  the  county  treasurer  all  moneys 
received  for  the  institute  fund,  including  the  warrant  for  the  state  appropriation. 
He  should  not  issue  warrants  for  a  greater  amount  than  the  funds  in  the  hands  of 
the  county  treasurer  will  pay  off  and  satisfy. 


NUMBER  35. 

Form  for  Revocation  of  Teacher's  Certificate. 
[Section  1771.] 

OFFICE  OF  COUNTY  SUPERINTENDENT, 
county, ,  189. . 

To  the  Boards  of  School  Directors  in  the  county  of  ,  and  State 

of  Iowa  : 

WHEREAS,  On  the  day  of  189. . ,  a  certificate  was 

issued  authorizing to  teach  in  the  public 

schools  of  this  county  ;  and, 

WHEREAS,  Upon  due  examination,  of  which  the  said 

received  personal  notice,  and  was  permitted  to  be  present  and  make 

defense,  it  appeared  that  the  said in  consequence  of 

(here  state  the  offense— gross. immorality,  for  example),  is  unworthy  longer  to  retain 
the  same. 

Now,  therefore,  in  pursuance  of  the  provisions  of  section  1771,  of  the  school 
laws  of  the  state  of  Iowa,  the  said  certificate  is  hereby  revoked,  to  take  effect 
from  and  after  the  date  hereof. 


County  Superintendent. 

NOTE.— A  copy  of  the  above  revocation  should  be  transmitted  to  the  secretary 
of  each  district,  and  the  secretary  should  immediately  notify  each  subdirector  in 
his  district  of  the  fact.  The  teacher  should  also  be  served  with  a  copy. 


SCHOOL  LAWS  OF  IOWA. 


NUMBER  36. 

. Form  for  Certificate  to  the  Board  of  Supervisors  of  the  Tax  Determined  by  the 

Board  of  Directors. 

[Section  1777.] 

,  189.. 

To  the  Board  of  Supervisors  of county  : 

I  hereby  certify  that  a  tax  of dollars  was  this  day 

determined  by  the  board  of  directors  of  the  district  township  of ,  in  the 

county  of ,  and  state  of  Iowa,  for  the  contingent  fund, 

and dollars  for  the  teachers'  fund  as  provided 

in  section  1777  of  the  Code. 


Secretary 


NUMBER  37. 

Form  of  Certificate  to  the   Board  of  Supervisors  of  Tax  Voted  by  the  District 

Township. 

[Sections  1777,  1778.J 

,  189.. 

To  the  Board  of  Supervisors  of. . . . , county,  Iowa: 

I  hereby  certify  that  at  a  meeting  of  the  electors  of  the  district  township 

of ,  in  the  county  of ,  and  state  of  Iowa, 

held  on  the  second  Monday  in  March,  189. .,  a  tax  of dollars  was  voted 

for  school-house  purposes;  and  that  this  tax  has  been  apportioned  by  the  board 
of  directors  among  the  subdistricts  as  follows: 

Upon  subdistrict  No.  1, dollars. 

Upon  subdistrict  No.  2, dollars. 

Upon  subdistrict  No.  3, dollars. 

Upon  subdistrict  No.  4, dollars. 

Upon  subdistrict  No.  5, dollars. 


•    Secretary. 

NOTE.— All  school-house  taxes  voted  by  the  district  township  electors,  must  be 
apportioned  among  the  subdistricts.    Section  1778. 


]32  SCHOOL  LAWS  OF  IOWA. 


NUMBER  38. 

Form  for  Certificate  of  Tax  voted  by  a  Subdistrict,  and  not  Granted  by  the  District 

Township  Electors. 

[Section  1778.] 

I  hereby  certify  that  the  electors  of  subdistrict  No in  the  district 

township  of ,  at  the  last  annual  meeting,  voted  to  raise  the 

sum  of dollars,  for  school-house  purposes,  more  than  was  granted 

by  the  electors  of  said  district  township. 


Secretary". 

189.. 


NOTE. — The  subdistrict  electors  may  vote  a  tax  for  school-house  purposes  and 
certify  the  same  to  the  district  township  meeting.  Form  5.  Whatever  portion  of 
this  sum  the  township  electors  neglect  or  refuse  to  grant,  must  be  certified  to  the 
board  of  supervisors  to  be  levied  directly  upon  the  subdistrict  making  the  request. 
Section  1778. 


NUMBER  39. 

Form  for  Notice  from  the  County  Auditor  of  the  Amiunt  of  Semi-annual  Appov  . 

tionment. 

[Section  1783.1 

OFFICE  OF  COUNTY  AUDITOR, 
county,   ,189.. 

To 

President  of  the  District  Township  of 

Sir: — You  are  hereby  notified  that  according  to  the  semi-annual  apportionment 

made  this  day,  as  provided  by  section  1781,  Code,  the  sum  of dollars  is 

due  the  district  township  of ,  in  the  county  of 

,  and  state  of  Iowa,  for  which  I  hand  you  herewith  my 

warrant  on  the  county  treasurer. 


County  Auditor. 

NOTE.— This  warrant  must  be  signed  by  the  president  and  countersigned  by  the 
secretary  of  the  board,  to  authorize  payment  of  the  amount  named  therein  upon, 
presentation  by  the  district  treasurer. 


SCHOOL  LAWS  OF  IOWA.  133 


NUMBER  40. 

Form  of  Certificate  of  Election  of  County  Superintendent. 
[Section  1783.] 

OFFICE  OF  THE  COUNTY  AUDITOR, 
county, 189 . . 

I  hereby  certify  that was  elected  to  the  office  of 

•county  superintendent,  for  the  term  commencing  January '.. . . . ,  189. . 

His  post  office  address  is ,  Iowa. 


County  Auditor. 

NOTE. — This  certificate  should  be  forwarded  to  the  superintendent  of  public 
-instruction  immediately  after  the  result  of  the  election  is  officially  determined. 


NUMBER  41. 

Form  for  Certificate  of  Qualification  of  County  Superintendent. 
[Section  1783.] 

OFFICE  OF  COUNTY  AUDITOR, 
county, ,  189 . . 

I  hereby  certify  that has  duly  qualified  for  the 

^office  of  county  superintendent,  as  required  by  sections  675  and  678,  Code,  for  the 
term  commencing  January ,  189. . 

His  post  office  address  is ,  Iowa. 


County  Auditor. 

NOTE — This  certificate  should  be  forwarded  to  the  superintendent  of  public  in- 
struction as  soon  as  the  qualification  and  bond  is  filed  in  the  office  of  the  county 
auditor,  after  such  bond  has  been  approved  by  the  board  of  supervisors. 


134  SCHOOL  LAWS  OF  IOWA. 


NUMBER  42. 

Form  for  Notice  from  County  Treasurer  of  School  Tax  Collected. 
[Section  1785.J 

OFFICE  OF  COUNTY  TREASURER, 
county, ,  189 . . 

To President  of  the  Board  of  Directors  of  the 

District  Township  of : 

You  are  hereby  notified  that  the  amount  now  collected  and  due  the  district 

township  of ,  in , county, 

Iowa,  is: 

$ school-house  fund. 

$ contingent  fund. 

$. .  .  .teachers'  fund. 


County  Treasurer. 

NOTE. — It  is  the  duty  of  the  county  treasurer  to  notify  the  president  of  the  board; 
of  each  district,  quarterly,  of  the  amount  collected  for  each  fund  and  pay  it  to  the 
district  treasurer  on  the  warrant  of  the  president  countersigned  by  the  secretary. 

On  the  first  Monday  in  April  of  each  year,  the  county  treasurer  also  renders  a 
statement  of  the  amount  of  taxes  uncollected  in  each  district  township.  Section 
1784. 

The  treasurer  is  required  to  pay  over  the  amount  of  each  fund  collected, 
monthly,  to  independent  districts,  on  the  order  of  the  board. 


NUMBER  43. 

Form  of  Notice  Permitting  the  Attendance  of  Pupils  from  Adjoining   Districts. 

[Section  1793.] 

To Secretary  of  the  Board  of  Directors  of  the 

District  Township  of : 

Notice  is  hereby  given  that 

and ,  pupils  residing  in  the  district  township  of 

,  have  been  granted  permission  by  the  board  and 

county  superintendent  to  attend  school  in  subdistrict  No ,  in  the  district 

township  of ,  commencing  on  the 

day  of ,  189. .,  for  a  term  of months. 

Dated  at , 

, 189..  , 

President. 


Secretary, 


SCHOOL  LAWS  OF  IOWA.  135 

NOTE.— By  section  1793,  when  boards  cannot  agree  on  the  attendance  of  scholars 
in  adjoining  districts,  they  may  attend,  if  the  other  conditions  of  law  are  fulfilled, 
by  permission  of  the  board  where  they  wish  to  attend,  and  the  consent  of  the 
county  superintendent  of  the  county  where  they  reside,  but  tuition  can  be  col- 
lected only  from  date  of  the  official  notice. 


NUMBER   44. 
Form  of  Application  for  Appointment  of  Appraisers  of  School-house  Site. 

[Section  1827. J 
To ,  Superintendent  of county,  Iowa: 

In  accordance  with  the  action  of  the  board  of  directors  of  the  district  township 

of ,  you  are  hereby  requested  to  appoint 

three  disinterested  persons  to  inspect,  and  assess  the  damages  which  the  owner 
will  sustain  by  appropriating  for  school  purposes,  the  following  described  real 
estate,  viz : t 


Dated  at 

,  189, 


President. 
Secretary. 


NUMBER  45. 
Form  for  Appointment  of  Appraisers  of  Site  for  School-house. 

[Section  1827.] 
To ;..., and : 

You  are  hereby  appointed  and  constituted  a  board  of  appraisers,  under  the  pro- 
visions of  section  1827  of  the  Code  to  assess  the  damages  which  the  owner  will 
sustain  by  the  appropriation  for  school  purposes,  of  the  following  described  real 
estate,  viz :  


in  subdistrict  No ,  of  the  district  township  of 

in  the  county  of ,  and  state  of  Iowa,  contain- 
ing one  acre  of  land,  exclusive  of  highway. 

You  will  therefore,  on  the day  of ,  189. ., 

at o'clock m.,  proceed  to  examine  the  real  estate  above  described,  and 

assess,  under  oath,  the  cash  damages  which  the  owner  will  sustain  by  the  appro- 


136  SCHOOL  LAWS  OF  IOWA. 

priation  of  said  land  for  school  purposes,  and  immediately  thereafter  report  to 
me  in  writing  the  amount  of  said  damages. 

Dated  at... 

,  189 '. , 

County  Superintendent. 

Oath  of  Appraiser s . 

We, , and , 

do  solemnly  swear  that  we  will  well  and  truly,  and  to  the  best  of  our  ability  per- 
form all  of  the  duties  imposed  upon  us  by  the  foregoing  commission. 


Subscribed  and  sworn  to  before  me  by 

and ,  this day  of ,  189.. 


NOTE.— Sufficient  time  must  be  allowed  between  the  appointment  of  this  com- 
mission and  the  time  set  for  appraising  the  damages  to  give  the  owner  legal  notice 
thereof. 


NUMBER  46. 

Form  of  Notice  to  Owner  of  Real  Estate  of  Appointment  oj  Appraisers. 

[Section  -1827.] 
To ,     county,  Iowa: 

You  are  hereby  notified  that  I  have  this  day  appointed  appraisers  to  assess  the 
damages  which  the  owner  will  sustain  by  the  appropriation  for  school  purposes > 
of  the  following  described  real  estate,  viz  : 


Said  appraisers  will  meet  at  the  above  described  real  estate,  on  the day 

of ,  189. .,  at o'clock,  . ..  m.,  and  assess  said  damages  as 

provided  by  section  1827  of  the  Code  of  Iowa. 

Dated  at , 

,189..  ., 

County  Superintendent. 


SCHOOL  LAWS  .OF  IOWA.  137 


OF    THB 

UNIVERSITY 


NUMBER  47. 
Form  for  Report  of  Appraisement  of  Property  for  School  Purposes—- 

[Section  1827.] 

* 

To ,  Superintendent  of county,  Iowa: 

We,  the  undersigned,  having  been  appointed  to  appraise  the  damages  which  the 
owner  will  sustain  by  the  appropriation,  for  school  purposes,  of  the  following 
described  real  estate,  viz; :  


do  hereby  report  that  we  have  on  this day  of ,  189. ., 

carefully  examined  said  described  real  estate,  and  have  appraised  the  damages 
at dollars. 

Dated  at , 

,  189.. 


Appraisers. 


NUMBER  48. 
Form  of  Notice  of  Assessment  of  Damages. 

[Section  1827.] 
To county,  Iowa : 

You  are  hereby  notified  that  appraisers  were  appointed  to  assess  the  damages 
which  the  owner  would  sustain  by  the  appropriation  for  school  purposes,  of  the 
following  described  real  estate,  viz. : 


and  that  said  appraisers  met  at  said  premises  on  the day  of 

189. .,  and  assessed  said  damages  at dollars,  as  shown  by  their  report 

on  file  in  my  office. 

Dated  at , 

,  189.. 


County  Superintendent. 


138  SCHOOL  LAWS  OF  IOWA. 


NUMBER  49. 

Form  of  Affidavit  of  Appeal. 
[Section  1830.  J 


STATE  OF  IOWA, 


county. 


ss. 


v.  V 

DISTRICT  TOWNSHIP  OF ) 

I, ,  being  duly  sworn,  on  oath,  say:  that  on 

the day  of ,  189 . . ,  the  board  of  directors  of 

said  district  township  rendered  a  decision  (or  made  an  order)  whereby  (here,  state 
facts  showing  affiant's  interest  in  the  decision,  and  the  injury  to  that  interest;}  that 
said  board  in  rendering  the  decision  (or  making  the  order)  aforesaid,  committed 
errors  as  follows:  (Here  state  the  errors  charged.} 


Subscribed  and  sworn  to  by before  me,  this. 

day  of ,  189.... 


NUMBER  50. 
Form  for  Notice  of  Appeal. 

[Section  1832.J 
STATE  OF  IOWA, 


county.  rSS' 


v. 
DISTRICT  TOWNSHIP  OF. 


To , , 

Secretary  of  the  Board  of  Directors  of  the  District  Township  of. .- 

You  are  hereby  notified  that has  filed  in  my  office  an  affidavit 

alleging  that  said  board  of  directors,  on  the day  of ,  189. ., 

made  a  decision  (or  an  order)  whereby  (here  describe  the  decision  or  order  so  that 
the  secretary  may  identify  it},  and  claiming  an  appeal  therefrom.  You  are 
therefore  required  within  ten  days  after  receiving  this  notice,  to  file  in  my  office 

at ,  in  said  county,  a  complete,  transcript  of  the  record 

of  the  proceedings  of  the  board  relating  to  said  order,  together  with  copies  of  all 
papers  filed  with  you  pertaining  to  said  action  appealed  from. 

Dated  at , 

„  189.. 


County  Superintendent. 


SCHOOL  LAWS  O*  iOWA.  139- 


NUMBER  51. 

Form  of  Certificate  to  District  Secretary's  Transcript. 
[Section  1832.] 

I, ,  secretary  of  the  board  of  directors  of  the- 

district  township  of ,  in  the  county  of 

Iowa,  hereby  certify  that  the  foregoing  is  a  correct  and  complete  transcript- 
of  the  record  of  all  proceedings  of  the  board  and  of  all  papers  filed  relating  to- 
the  case v 

Dated  at  , 

.,  189.. 


Secretary. 

NOTE. — The  secretary's  transcript  will  contain : 

A  copy  of  all  that  portion  of  the  records  of  the  proceedings  of  the  meeting, 
relating  to  the  action  appealed  from,  with  the  date  of  the  meeting. 

A  copy  of  each  petition,  remonstrance,  plat,  or  other  paper  relating  to  said 
action,  submitted  to  the  board,  to  which  will  be  annexed  the  above  certificate. 


NUMBER  52. 

Form  for  Notice  of  Hearing  of  Appeal. 

[Section  1833.] 
STATE  OF  IOWA, 


.county.  f  ss' 


v. 
DISTRICT  TOWNSHIP  pr 

To ,....: 

You  are  hereby  notified  t  hat  there  is  on  file  in  this  office  a  transcript  of  the  proceed- 
ings of  the  board  of  directors  of  the  district  township  of 

, ,  afra  meeting  held  on  the day  of , 

189..,   in  relation  to  (here  describe  the  decision  or  order  appealed  from),  from' 
which  appeal  has  been  taken;  and  that  the  said  appeal  will  be  heard  before  me 

at ,  in  said  county,  on  the day  of 

,  189. .,  at  o'clock m. 

Dated  at , 

.,  189.. 


County  Superintendent. 

NOTE. — The  appellant,  the  president,  the  secretary  of  the  board,   and  other 
parties  known  to  be  directly  interested,  should  receive  a  copy  of  this  notice. 


;!40  SCHOOL  LAWS  OF  IOWA. 


NUMBER  53. 

t, 

Form  of  Certificate  to  County  Superintendent's  Transcript. 
[Sections  1832,  1835.  J 

I, ,  superintendent  of •. 

county,  Iowa,  hereby  certify  that  the  foregoing  is  a  correct  and  complete  transcript 
of  the  records  of  all  proceedings  had,  evidence   given,  and  papers  tiled  in  my 

office,  and  my  rulings  thereon;  also  of  my  decision  in  the  case „...., 

••v 

Dated  at , 

.,  189.. 


County  Superintendent. 

NOTES,  (a)  The  date  of  filing  every  paper  should  be  indorsed  thereon,  also 
in  the  case  of  motions,  orders  and  rulings  of  the  county  superintendent.  All  oral 
motions  and  an  abstract  of  the  testimony  should  be  reduced  to  writing  at  the  time 
of  trial. 

(b)  The  transcript  of  the  county  superintendent  will  consis.t  of  a  literal  copy  of 
every  paper  filed  and  all  indorsements  thereon,  together  with  a  copy  of  all  testi- 
mony given,  the  whole  arranged  in  chronological  order,  closing  with  the  decision 
of  the  county  superintendent  in  full,  with  the  above  certificate  annexed. 


INDEX  TO  FORMS. 


NO.  PAGE; 

Proceedings  of  district  township  meeting 1*  105 

Notice  for  annual  meeting  in  subdistricts 2  106 

Proceedings  of  annual  subdistrict  meeting 3  106 

Certificate  of  election  of  subdirector 4  107 

Certificate  of  tax  voted  by  subdistrict  meeting 5  10? 

Proposals  for  the  erection  (or  repair)  of  school-house 6  108 

Contract  for  building  school-house 7  108 

Bond  for  performance  of  contract 8  109 

Bond  of  president. . . ,' 9  110 

Notice  to  publishers  of  school  text-books 10  111 

Bond  of  contractor 11  111 

Petition  for  county  uniformity 12  112 

Certificate  of  appointment  of  school  officers 13  113 

Bond  of  secretary  or  treasurer 14  113 

Certificate  of  election  of  officers  of  the  board 15  114 

Draft  on  county  treasury 16  115 

Order  on  district  treasury 17  115 

Lease  of  school-house  site 18  116 

Deed  of  school-house  site 19  116 

Order  register  of  secretary  and  treasurer 20  117 

Notice  of  district  meeting.   21  118 

Report  of  secretary 22  119 

Treasurer's  account  with  teachers'  fund 23  121 

Report  of  treasurer 24  121 

Contract  between  subdirector  and  teacher 25  123 

List  heads  of  families  and  children,  kept  by  subdirectors 26  123 

Teacher's  daily  register  of  attendance 27  124 

Teacher's  term  report  to  district  secretary 28  125 

Teacher's  certificate 29  126 

Monthly  report  of  institute  fund 30  127 

Receipt  of  institute  fund 31  128 

Application  for  teachers'  normal  institute , 32  128 

Report  of  registration  fees,  institute  fund 33  129 

Order  on  institute  fund 34  130 

Revocation  of  teacher's  certificate 35  130 

Certificate  to  supervisors  of  tax  determined  by  board 36  131 

Certificate  to  supervisors  of  tax  voted  by  district  township 37  131 

Certificate  of  tax  voted  by  a  subdistrict,  not  granted  by  district 38  132 

Notice  from  the  county  auditor,  of  semi-annual  apportionment 39  132 


142  INDEX. 

NO.  PAGE 

•Certificate  of  election  of  county  superintendent 40  133 

Certificate  of  qualification  of  county  superintendent 41  133 

Notice  from  county  treasurer  of  school  tax  collected 42  134 

Notice  permitting  attendance  from  adjoining  districts 43  134 

.Application  for  appointment  of  appraisers  of  site 44  135 

Appointment  of  appraisers  of  school-house  site 45  135 

^Notice  to  owner  of  real  estate  of  appointment  of  appraisers 46  136 

Report  of  appraisement  of  property  for  school-house  purposes 47  137 

Notice  of  assessment  of  damages 48  137 

Affidavit  of  appeal 49  138 

Notice  of  appeal 50  138 

•Certificate  to  district  secretary's  transcript 51  139 

Notice  of  hearing  of  appeal 52  139 

Certificate  to  the  county  superintendent's  transcript 53  140 


INDEX. 


SEC.  PAUE 

ACCOUNTS— 

District  treasurer  shall  keep 1747  47 

County  superintendent  should  keep 1769  62 

County  auditor  shall  keep 1781  69 

Secretary  shall  keep 1782  69 

County  treasurer  shall  keep 1784  70 

AFFIDAVIT— See  Appeals. 

AGE- 

Legal  age  of  pupils 1727  26 

For  enumeration 1745  46 

AGRICULTURAL  COLLEGE  AND  FARM— 

Powers  of  board  of  trustees 1606  11 

College  year 1610  11 

Duties  of  president 1611  12 

Tuition  free  to  three  from  each  county 1619  12 

Sale  of  liquors  prohibited 1620  12 

What  shall  be  taught 1621  12 

APPARATUS— 

Board  of  regents  may  purchase 1597  10 

No  debts  shall  be  contracted  to  purchase 1729  32 

Unappropriated  contingent  fund  used  to  purchase 1729  32 

APPEALS— 

Who  may  take,  and  when  taken 1829  98 

Affidavit,  basis  of 1830  98 

Affidavit  shall  set  forth  errors. 1831  99 

County  superintendent  to  notify  secretary .  1832  99 

Secretary  to  send  up  transcript 1 832  99 

Interested  parties  to  be  notified 1833  99 

Testimony  heard  and  decision  rendered 1834  100 

To  the  superintendent  of  public  instruction 1835  100 

Judgment  for  money  not  to.be  rendered 1836  101 

Postage  paid  by  party  taking  appeal 1836  101 

APPORTIONMENT— See  Semi-annual  apportionment. 

APPRAISERS— See  School-house  site. 

ASSETS  AND  LIABILITIES— 

Board  shall  decide 1715  17 

Settlement  made 1820  91 

ATTENDANCE  — 

In  other  districts 1793  72 

By  nonresidents 1794  74 

In  another  subdistrict . .  1795  74 


14:4:  INDEX. 

SEC.  PAGE 

AUDITOR— See  County  Auditor. 

BARBED  WIRE  (Chap.  103,  Laws  of  1884)— 

Shall  be  removed  from  school  grounds 1  41 

Shall  not  be  .used  enclosing  school  grounds 2  41 

Penalty  for  failure  or  neglect  to  remove o . . . .      3  41 

BIBLE— 

Shall  not  be  excluded  from  any  school , 1764  57 

No  pupil  required  to  read,  contrary  to  parent's  wishes 1764  57 

BLIND  PERSONS— 

Of  school  age,  reported  to  county  superintendent  annually 1745  46 

Must  be  reported  annually  to  Iowa  college  for  blind 1775  65 

BOARD  OF  DIRECTORS— 

Continue  to  act  when  district  is  divided 1715  17 

Divide  assets  and  liabilities 1715  17 

Choose  arbitrators  in  case  of  disagreement 1715  17 

Call  special  meeting  of  electors,  when 1717£  19 

Consist  of  three  subdirectors,  when 1720  21 

Consist  of  subdirectors  of  the  several  subdistricts 1721  .  21 

Enter  upon  duties  at  regular  meeting  in  March .1721  21 

Organize  by  electing  president  from  own  number 1721  21 

President  simply  entitled  to  vote  as  a  member 1721  21 

Elect  secretary  and  treasurer  at  September  meeting 1721  21 

Secretary  and  treasurer  chosen  outside  the  board,  when 1721  21 

Secretary  and  treasurer  have  no  vote,  when 1721  21 

Hold  regular  meetings  in  March  and  September 1722  22 

Hold  special  meetings  on  call  of  president  or  request  of  board 1722  22 

Hold  meetings  at  any  place  in  civil  township 1722  22 

Shall  make  contracts  to  execute  vote  of  district 1723  23 

Must  consult  superintendent  before  erecting  school-house 1723  23 

Proposals  and  contracts  must  be  advertised  for,  when 1723  23 

Require  bond  for  performance  of  contract 1723  23 

Choose  site  for  school-house 1724  24 

Determine  number  of  schools,  and  duration 1724  24 

Determine  where  pupils  shall  attend  school  1725  25 

Divide  districts  into  subdistricts  when  necessary 1725  25 

Create  no  district  for  less  than  fifteen  pupils  of  school  age 1725  25 

May  rent  room  and  employ  teacher  for  ten  pupils 1725  25 

May  establish  graded  schools 1726  25 

May  select  superintendent  of  schools  of  district 1726  25 

One  or  more  schools  must  be  taught  in  each  subdistrict 1727  26 

Required  to  provide  a  school  in  each  subdistrict 1727  26 

Must  provide  for  one  or  more  schools,  for  at  least  six  months 1727.  26 

Released  from  obligation  by  county  superintendent 1727  26 

Not  to  change  text-books  oftener  than  once  in  three  years 1728  27 

Electors  may  authorize  board  to  change  text- books 1728  27 

May  buy  books  and  sell  at  cost  (Chap.  24,  Laws  of  1890) 1  27 

Must  take  bond  of  president 1  27 

Shall  certify  contingent  fund  to  buy  books 2  28 

Shall  advertise  for  bids 5  29 

May  not  displace  books  under  five  years 6  29 

Member  of,  may  not  act  as  agent 11  32 


INDEX.  145 

SEC.  PAGE 

BOARD  OF  DIRECTORS— CONTINUED— 

May  use  unappropriated  contingent  fund  to  buy  apparatus, 1729  32 

Shall  contract  no  debts  for  apparatus 1729  33 

May  appoint  temporary  president  and  secretary 1730  33 

Fill  vacancy  in  the  board  or  its  officers .1730  33 

Require  secretary  and  treasurer  to  give  bond 1731  34 

Bonds  to  be  filed  with  the  president 1731  34 

Examine  accounts  of  treasurer  and  settle  with  him 1732  34 

Present  statement  to  district  township  meeting 1732  34 

Audit  and  allow  just  claims 1733  34 

Fix  compensation  of  secretary  and  treasurer. , 1733  34 

Draw  no  order  until  claim  is  audited  and  allowed 1733  34 

Visit  schools  of  their  district,  and  aid  teachers 1734  35 

Assist  in  enforcing  rules  and  regulations 1734  35 

Discharge  teacher  after  investigation 1734  35 

May  dismiss  or  suspend  pupils 1735  37 

May  re-admit  pupils  after  suspension 1735  37 

Require  secretary  to  certify  election  of  school  officers 1736  39 

Make  rules  to  govern  subdirectors 1737  39 

Majority  of  board  a  quorum 1738  39 

Certify  no  tax  after  third  Monday  in  May , ..1738  39 

Majority  vote  required  to  change  boundaries  of  subdistricts 1738  39 

Members,  except  secretary  and  treasurer,  receive  no  pay 1738  39 

President  of  board,  duties  of 1739  43 

President  shall  act  as  counsel  in  suits 1740  44 

Secretary  shall  act  as  counsel  in  suits,  when 1740  44 

Counsel  may  be  employed  by  board 1740  44 

Proceedings  of,  to  be  recorded  by  secretary 1741  44 

Secretary  of  board  give  notice  of  district  township  meeting 1742  45 

Secretary  of  board  shall  keep  accurate  accounts 1743  45 

Audit  accounts  presented  by  secretary 1743  45 

Secretary  to  notify  superintendent  when  schools  begin 1744  46 

Secretary  must  report  to  superintendent  annually  1745  46 

Secretary's  report,  what  it  shall  consist  of 1745  46 

Penalty  for  failure  to  tile  report 1746  47 

Treasurer  of,  shall  hold  all  moneys  belonging  to  district 1747  47 

Pay  funds  on  order  of  president,  ceuntersigned  by  secretary 1747  47 

Keep  account  of  moneys  received  and  paid  out. 1747  47 

Keep  separate  account  with  each  fund 1748  48 

Pay  no  order  which  does  not  specify  fund  and  object 1748  48 

Make  partial  payments  on  orders 1748  48 

Receive  money  apportioned  to  district 1749  49 

Receive  district  school  tax 1749  '  49 

Register  orders  on  district  treasurer 1750  49 

May  require  statement  from  treasurer 1751  49 

Limit  subdirector  in  making  contracts 1753  51 

Responsible  for  township  on  contracts 1753  51 

Must  have  languages  taught,  when 1763  57 

County  superintendent  not  to  be  a  member  of 1765  60 

Estimate  amount  of  teachers'  and  contingent  funds 1777  66 

Apportion  school-house  tax 1778  67 

10 


146  INDEX. 

SEC.  PAGE 

BOARD  OF  DIRECTORS— CONTINUED— 

Satisfy  judgment  with  order 1787  71 

Must  qualify  on  or  before  third  Monday  in  March 1790  71 

Have  no  jurisdiction  over  independent  districts 1793  73 

May  admit  pupils  from  adjoining  districts 1793  72 

May,  with  consent  of  county  superintendent,  admit  pupils 1793  72 

Notify  board  of  adjoining  district,  when 1793  72 

Fix  terms  of  tuition,  when , 1794  74 

Divide  district  into  subdistricts,  and  change  boundaries 1796  74 

Cause  description  of  subdistricts  to  be  recorded 1796  74 

May  consent  to  attach  territory  to  adjoining  township 1797  75 

May  restore  territory 1798  76 

Must  restore  territory,  when 1798  76 

Establish  boundaries  of  contemplated  independent  district 1801  77 

Give  notice  of  election  of  directors 1802  77 

May  concur  in  change  of  boundaries 1809  84 

Submit  question  of  consolidated  organization >1814  89 

Make  settlement  under  sections  1814-1819 1820  91 

Shall  deposit  amount  of  appraisement 1827  96 

Shall  pay  costs  of  appraisement 1827  96 

Provide  for  payment  of  bonds  (Chap.  132,  Laws  of  1878) 2  93 

Shall  cause  trees  to  be  set  out,  (Chap.  23,  Laws  of  1882) 1  40 

May  insure  property  (Chap.  149,  Laws  of  1882) 1  41 

Must  have  effects  of  stimulants  taught  (Chap.  1,  Laws  of  1886) 2  42 

May  change  boundaries,  when  (Chap.  62,  Laws  of  1888) 1  87 

BOARD  OF  EXAMINERS— See  State  Board  of  Examiners. 

BOARD  OF  REGENTS— 

Governor  president  of 1587  9 

Superintendent  of  public  instruction  member  of 1587  9 

One  member  from  each  congressional  district 1587  9 

Departments  determined  by 1589 

May  confer  degrees 1589  9 

Make  laws  to  govern  university 1596  9 

Appoint  president  and  professors. 1596 

Fix  salaries  and  tuition  fees 1596  9 

Remove  officer  when  required 1596 

Purchase  library,  apparatus,  etc 1597  10 

Report  to  superintendent  of  public  instruction 1601  10 

Report  of,  what  it  shall  contain 1601  10 

BOARD  OF  SUPERVISORS— 

May  submit  question  of  establishing  county  high  School 1698  12 

Appoint  trustees  of  county  high  school 1699  13 

Fill  vacancies  in  trustees  of  county  high  school 1711  15 

Allow  compensation  of  trustees 1712  15 

Pay  tuition  of  children  in  poor-house  (Chap.  166,  Laws  of  1878) 1 

Levy  tax  to  pay  bonds,  when  (Chap.  132,  Laws  of  1880) 6  95 

County  superintendent  not  to  be  a  member  of 1765  60 

Provide  place  for  examination  of  teachers . 1766  60 

May  appropriate  sum  for  normal  institute 1769  62 

May  grant  county  superintendent  additional  compensation 1776  66 

Levy  taxes  for  school  funds 1777  66 


INDEX.  147 

SEC.  PAGE 

BOARD  OF  SUPERVISORS— CONTINUED— 

Levy  tax  on  subdistriet,  when 1778  67 

Levy  county  tax  of  from  one  to  three  mills 1779  68 

Limits  of  taxes  for  school  purposes 1780  68 

Levy  tax  to  pay  money  borrowed  from  school  fund 1788  71 

Shall  not  divide  school  district,  when 179V  ~"  76 

Levy  tax  for  independent  district  just  organized 1804  79 

Included  in  board  of  education  (Chap.  24,  Laws  of  1890), 9  30 

BONDS— 

Required  for  performance  of  contract 1723  23 

Secretary  and  treasurer  to  give 1731  34 

Hied  with  president 1731  34 

Independent  district  may  issue,  for  erection  of  school-house 1821  92 

Hate  of  interest  on  1821  92 

Electors  to  vote  on  question  of  issue 1822  92 

Denomination  and  time 1822  92 

Treasurer  to  negotiate  at  par 1822  92 

Principal  and  interest,  how  paid 1823  95 

Trustees  of  county  high  school  must  give 1699  13 

Treasurer  of  county  high  school  give  additional 1704  14 

Treasurer  of  normal  school  must  give  (Chap.  129,  Laws  of  1876) 4  8 

Trustees  may  require  of  other  officers  (i  hap.  129,  Laws  of  1876).          4  8 

Any  district  issue  fur  indebtedness  (Chap.  132,  Laws  of  1878) 1  93 

Form  of,  and  other  rt quire  merits  (Chap.  132,  Laws  of  1878) 1  93 

Any  district  issue  for  indebtedness  (Chap.  51,  Laws  of  1880) 1  93 

Form  of  and  other  requirements  (Chap.  51,  Laws  of  1880) 1  93 

Board  of  independent  district  refund  (Chapter  132,  Laws  of  1880).. .       1  94 

Hate  of  interest  and  other  conditions  (Chap.  132,  Laws  of  1880) 1  94 

Treasurer  to  sell  (Chap.  132,  Laws  of  1880) 2  94 

Time  to  run  (Chap.  13^5,  Laws  of  1880) 3  94 

Form  and  other  requirements  (Chap.  132,  Laws  of  1880) 4  95 

Provisions  for  payment  (Chap.  132,  Laws  of  1880) 6  95 

President,  gives  for  books  and  supplies  (Chap.  24,  Laws  of  1890) 1  27 

Publishers  give  (Chap.  24,  Laws  of  1890) 7  30 

BOOKS— See  Text-Books. 

BOUNDARIKS- 

Uf  subdistricts  may  be  changed 1796  74 

Plat  tiled  with  count}  officers 1796  74 

Of  independent  di-trict  may  be  changed 1809  84 

Of  independent  districts,  changed , 1814  89 

Of  independent  districts,  changed  (Chap.  133,  Laws  of  1878) 1  93 

Of  independent  districts,  changed  (Chap.  62,  Laws  of  1888) 1  87 

BRANCHES  OF  SlUDY- 

N  anied  by  electors « 1717  17 

Detrmined  by  board 1726  25 

Directed  by  elecl  ors 1763  57 

CERTIFICATES— See  Teachers. 

CHARTS— See  Maps. 

€1V1L  TOWNSHIP  - 

Each  a  school  district  1713  16 

Change  in  boundary  lines 1799  76 


148  INDEX. 

COMPENSATION— 

Of  secretary  and  treasurer. .    . . . . , .1733  34 

Members  of  board  may  not  have 1738  39> 

Of  teachers 1757  54 

Of  county  superintendent 1776  66 

Of  appraisers  of  site .1827  96 

CONDUCTOR  OF  INSTITUTE— See  Teacher's  Normal  Institute . 

CONTINGENT  FUND— See  Funds, 

CONSOLIDATION  OF  DISTRICTS- 

Independent  districts  may  unite .1811  87 

Subdistricts  of  township  may  unite ...... 1814  891 

Independent  districts  may  consolidate 1814  89 

CONTRACTS— 

Board  to  make,  to  execute  vote  of  district. 1723  23 

Subdirector  to  make,  under  rules  and  restrictions 1753  51 

When  made  by  subdirector,  must  be  approved  by  president 1753  51 

Teachers' ,  must  be  in  writing 1757  54 

Secretary  or  subdirector  and  teacher  to  sign 1757  54 

Approved  by  and  filed  with  the  president 1757  54 

Copy  also  filed  with  secretary .1757  54 

For  text-books  and  supplies  (Chap.  24,  Laws  of  1890) 7  30 

CORPORATE  NAME— See  Name. 

COUNTY  AUDITOR— 

Member  county  board  of  education  (Chap.  24,  Laws  of  1890) 9  301 

Superintendent  to  file  statement  with,  of  time  employed 1776  66* 

Make  semi-annual  apportionment 1781  69 

Notify  presidents  of  apportionment;  issue  warrants  for  same.   1782  69 

Certify  election  and  qualification  of  superintendent. . . . 1783  69 

Forward  certificate  to  auditor  of  state 1783  69 

Deduct  cost  of  tuition  from  semi-annual  apportionment,  when 1793  72 

Record  plat  of  districts 1796  74 

COUNTY  HIGH  SCHOOLS- 

Object  of  establishing , 1697  12! 

County,  with  a  population  of  2,000  may  establish 1697  12 

Board  of  supervisors  shall  submit  question  of  establishing 1698  12- 

Votes  for  or  against,  how  canvassed 1699  13 

Board  of  supervisors  appoint  trustees 1699  IB 

Bond  and  oath  of  trustees 1699  13 

County  superintendent,  member  of  board 1699  13 

When  and  how  trustees  are  elected 1700  1$ 

Terms  of  office  of  trustees .1700  13 

County  superintendent  president  of  board 1701  13 

Secretary  and  treasurer  appointed  from  board 1701    .    13> 

Trustees  shall  make  estimate  of  funds  needed 1702  13 

Trustees  shall  present  estimate  to  board  of  supervisors 1702  13 

Tax  not  to  exceed  two  mills  and  five  mills 1702  13 

Tax  for,  how  levied  and  collected ,  .  .1703  14 

Tax  to  be  paid  to  treasurer  of  county  high  school ,   . . ., 1703  14 

Treasurer  to  give  additional  bond 1704  14 

Duties  of  treasurer 1704  14 

Secretary  and  treasurer  to  keep  accurate  account 1704  14 


INDEX.  149 

SEC.  PAGE 

COUNTY  HIGH  SCHOOLS— CONTINUED— 

Statement  to  be  made,  when ,  1704  14 

Board  to  select  site  for  high  school 1705  14 

Site  to  be  without  expense  to  county 1705  14 

Board  to  make  purchases,  contracts,  etc 1705  14 

Board  to  employ  teachers ;  1706" —  ~14 

;Board  to  provide  for  payment  of  salaries 1706  14 

Model  schools  to  be  encouraged 1706  14 

Tuition  free  to  residents  of  county 1707  14 

Apportionment  of  pupils 1707  14 

Pupils  from  other  counties  may  be  admitted 1707  14 

Refractory  pupils  may  be  expelled 1709  15 

Rules  and  regulations  for,  how  made 1709  15 

Trustees  to  make  annual  report  to  board  of  supervisors 1710  15 

Copy  of  report  sent  to  superintendent  of  public  instruction 1710  15 

Board  of  supervisors  may  fill  vacancies 1711  15 

Compensation  of  members  of  board  of  trustees 1712  15 

COUNTY  SUPERINTENDENT— 

Recommend  plans  for  school-houses 1723  23 

May  release  boards  from  obligation  to  have  schools  taught 1727  26 

May  require  teacher  to  record  matters  designated 1734  35 

Notified  when  school  begins 1744  46 

Receive  annual  report  from  secretary 1745  46 

Receive  annual  report  from  treasurer 1751  49 

•Grant  certificate  to  teach  foreign  languages 1763  57 

Not  to  be  a  member  or  officer  of  board  of  directors. , 1765  60 

Not  to  be  a  member  or  officer  of  board  of  supervisors 1765  60 

JExarnine  teachers  last  Saturday  of  each  month 1766  60 

Branches  in  which  examination  is  made,  specified 1766  60 

May  have  assistant  examiners 1766  60 

May  give  certificate  for  special  branches 1766  60 

Must  give  certificate  if  examination  is  satisfactory 1767  61 

Examinations  must  be  public 1768  62 

.Keep  record  of  examinations 1768  62 

Hold  normal  institute  annually , 1769  62 

With  concurrence  of  state  superintendent  procure  assistance 1769  62 

.Require  registration  fee 1769  62 

Require  fee  from  every  applicant  for  certificate 1769  62 

Transmit  moneys  to  county  treasurer 1769  62 

Make  report  to  county  treasurer 1769  62 

Issue  orders  upon  institute  fund 1769  62 

May  appoint  deputy,  who  cannot  visit  schools  or  try  appeals 1770  64 

May  revoke  certificate  of  teacher 1771  64 

•Give  personal  notice  of  investigation 1771  64 

Make  annual  report  to  superintendent  of  public  instruction 1772  64 

File  statement  of  number  of  youth  with  county  auditor 1772  64 

Penalty  for  failure  to  file  report 1772  64 

•Conform  to  instructions  of  superintendent  public  instruction . .1774  65 

Yisit  schools  on  request  of  board  of  directors 1774  65 

Report  the  blind,  and  deaf  and  dumb 1775  65 

Compensation  of 1776  66 


150  INDEX. 

SEC.  PAGE 

COUNTY  SUPERINTENDENT— CONTINUED— 

File  statement  of  time  employed 1776  66 

Attach  territory  to  another  township,  when 1797  75 

Appoint  appraisers  and  give  notice  to  owner  of  land 1«<27  96 

Notify  secretary  to  file  transcript 1832  99 

Notify  interested  parties 1833  99 

Hear  testimony  and  decide  appeal 1834  100 

Make  provisions  for  institutes 1584  7 

Member  of  board  of  trustees  county  high  school 1699  13 

President  board  of  trustees  county  high  school 1701  1$ 

Sex  not  a  bar  to  the  office  (Chap.  136,  Laws  of  1876) 1  6ft 

Member  county  board  of  education  (Chap.  24,  Laws  of  1890) 9  30> 

Chairman  county  board  of  education  (Chap.  24,  Laws  of  1890) 10  32 

Report  list  of  books,  with  contract  prices  (Chap.  24,  Laws  of  1890). .     10  32 

COUNTY  TREASURER— 

Disburse  institute  fund  on  order  of  superintendent 1769  62- 

Pay  over  all  collected  taxes  on  first  Monday  in  April 1784  70* 

Keep  separate  account  with  independent  districts 1784  70 

Render  statement  of  uncollected  taxes 1784  70- 

Pay  over  taxes  quarterly 1784  70- 

Keep  school-house  taxes  separate  from  subdistrict,  when  1784  70- 

Pay  taxes  collected,  to  independent  districts  monthly 1784  7$ 

Notify  presidents  quarterly,  of  tax  collected  for  each  fund  1785  70 

Pay  taxes  to  district  treasurers  on  warrants 1785  70 

Pay  treasurer  of  county  high  school  taxes  collected 1703  14 

COLNSEL— 

When  president  of  board  of  directors  may  appear  as 1740  44 

When  president  interested,  secretary  acts  as 1740  44 

When  board  of  directors  shall  employ 1740  44 

COURSE  OF  STUDY— 

Electors  may  add  branches  to , 1717  18 

Board  may  provide 1726  25 

Effects  of  stimulants  must  be  included  (Chap.  1,  Laws  of  1886) 1  42 

Electors  may  direct  German  or  other  language  taught 1763  57 

DEAF  AND  DUMB  PERSONS- 

Of  school  age  reported  to  county  superintendent  annually 1745  46 

Must  be  reported  annually  to  Iowa  School  for  the  Deaf 1775  46 

DECISION— 

Of  board  may  be  appealed  from 1829  98- 

Of  county  superintendent  final  unless  appealed  from 1834  100 

Of  superintendent  of  public  instruction  final 1835  100- 

DEPUTY  SUPERINTENDENT— 

May  be  appointed 1770  64 

DIPLOMAS— See  State  Board  of  Examiners. 

DIRECTOR— See  Subdireclors  and  Board  of  Directors. 

DISMISSAL— 

Of  teacher 1734  35 

Of  scholar  in  independent  district 1735  37 

Of  scholar  in  subdistrict. . .                                                                     . .  .1756  53 


INDEX.  151 

SEC.  PAGE 

DISTRICT  TOWNSHIP— 

Each  civil  township  a  school  district 1713  16 

When  left  without  officers,  how  supplied 1714  16 

When  divided,  board  act  until  next  election 1715  17 

Respective  boards  divide  assets 1715  17 

Arbitrators  chosen  in  case  of  disagreement 1715-  17 

Division  of  assets  when  independent  districts  are  formed 1715  17 

Corporate  name , 1716  17 

Hold  annual  meeting 1717  17 

Dispose  of  property,  authorize  additional  branches 1717  17 

Obtain  highways 1717  17 

Transfer  of  school-house  fund 1717  17 

Hold  special  meeting  when  necessary 1717^  19 

Suit  to  be  brought  in  name  of 1731  34 

Claims  against,  audited  by  the  board 1733  34 

Bring  suit  if  secretary  fails  to  make  annual  report 1746  47 

Bring  suit  if  treasurer  fails  to  make  annual  report 1751  49 

Liable  for  tuition  in  certain  cases 1793  72 

May  be  consolidated  and  organized  as  independent  districts 1814  89 

May  be  formed  from  independent  districts • 1815  90 

DISTRICT  TOWNSHIP  MEETING— 

Held  annually  on  the  second  Monday  in  March 1717  17 

May  appoint  chairman  and  secretary 1717  17 

Direct  sale  of  district  property 1717  17 

Determine  additional  branches 1717  17 

Delegate  foregoing  powers 1717  17 

Vote  tax  for  school-houses,  sites,  and  libraries , 1717  17 

Transfer  surplus  school-house  funds 1717  17 

Vote  of,  executed  by  board 1723  23 

May  authorize  board  to  change  text-books 1728  27 

Statement  to  be  presented  at,  by  board 1732  34 

Five  notices,  stating  hour,  posted  by  secretary 1742  45 

Copy  of  notice  furnished  to  teachers / 1742  45 

May  vote  concerning  control  of  school-house 1753  51 

May  vote  that  foreign  languages  be  taught 1763  57 

Vote  tax  to  pay  judgment  and  other  liabilities 1787  71 

Not  to  organize  before  9A.M.  nor  adjourn  before  12  M 1789  71 

DISTRICT  TREASURER- See  Treasurer. 

DIVISION  OF  INDEPENDENT  DISTRICTS— 

By  township  line ,   1799  76 

Subdivision  of  independent  district  (Chap.  133,  Laws  of  1878) 1  84 

DUTIES  OF  TEACHERS— See  Teachers. 

EDUCATIONAL  JOURNAL— 

Superintendent  of  public  instruction  may  subscribe  for 1581  6 

ELECTION— 

Special  for  directors 1714  16 

For  subdirectors 1718  19 

To  form  new  city  or  town  district 1801  77 

For  directors 1808  83 

To  form  new  districts. 1811  87 

For  voting  bonds • 1822  92 


152  INDEX. 

ELECTION-CONTINUED— 

For  establishing  county  high  school 1698  12 

Of  trustees  for  county  high  school 1700  13 

When  house  is  destroyed 1717£  19 

On  county  uniformity  of  text-books  (Chap.  24,  Laws  of  1890) 9  30 

In  independent  district  when  house  is  destroyed 1807i  83 

ELECTORS— 

Of  district  hold  annual  meeting 1717  17 

Of  subdistrict  hold  election 1718  19 

May  direct  German  or  other  language  taught 1763  57 

Vote  on  formation  of  independent  city  in  district 1801  77 

In  independent  district  hold  annual  meeting 1807  79 

Vote  on  subdivision  of  independentdistrict  (Chap.  133,  Laws  of  1878)  - —  84 
Vote  on  forming  independent  districts  from  subdistricts  (Chap,  61, 

Laws  of  1888) _ —  86 

Vote  on  uniting  independent  districts 1811  87 

Vote  on  consolidating  independent  districts 1814  90 

Vote  on  return  to  subdistricts.. 1816  90 

Of  independent  districts  vote  bonds 1822  92 

ENGLISH  LANGUAGE—; 

All  schools  shall  be  taught  in 1763  57 

ENUMERATION— 

Report  of,  made  to  auditor  of  state 1582  6 

Reported  by  secretary 1745  46 

Taken  by  subdirector 1754  53 

Reported  to  secretary , . . .  1755  53 

EXAMINATION  — 

For  state  certificates  or  diplomas  (Chap.  167,  Laws  of  1882) 58 

By  county  superintendent 1766  60 

Record  of 1768  62 

EXAMINERS, -STATti  BOARD  OF  (Chap.  167,  Laws  of  1882). 

Of  whom  shall  it  consist 1  58 

When  and  where  meet 2  58 

Rules  and  records 2  58 

Power  of  board 3  59 

Branches  to  examine  candidates  upon 4  59 

Certificate  five  years,  diploma  for  life 5  59 

Certificate  or  diploma  may  be  revoked 6  59 

Certificate  or  diploma  must  be  registered 7  59 

Compensation  of  members  of  board 8  60 

Shall  keep  and  publish  accurate  account  annually 9  60 

EXPULSION— See  Dismissal. 

FEE— 

For  state  certificate  (Chap.  167,  Laws  of  1882) 6  59 

For  state  diploma  (Chap.  167,  Laws  of  1882) 6  59 

Paid  by  every  one  attending  institute 1769  62 

Paid  by  eveyy  applicant  for  certificate . , 1769  62 

FINES  AND  PENALTIES— 

Of  district  secretary,  for  failure  to  report 1746  47 

Of  district  treasurer  for  failure  to  report 1751  49 

Of  county  superintendent,  for  failure  to  report 1773  65 


INDEX.  153 

SEC.  PAGE 

FINES  AND  PENALTIES— CONTINUED— 

To  whom  they  shall  inure 1786  70 

Suit  brought  in  name  of  district,  when 1786  70 

Suit  brought  in  name  of  county,  when 1786  70 

Suit  brought  by  county  attorney,  when 1786  70 

Added  to  fund  next  used .T788 70 

For  misapplication  of  money 1791  72 

Of  directors,  for  failure  to  make  statement 1813  88 

FORMATION  OF  INDEPENDENT  DISTRICTS— 

Including  city,  town,  or  village 1800  76 

By  subdivision  of  independent  district  (Chap.  133,  Laws  of  1878) —  84 

From  subdistricts  of  district  township  (Chap.  61,  Laws  of  1888) 86 

By  uniting 1811  87 

By  consolidation .1814  89 

FORMS— See  the  Index  to  the  Forms. 

FUEL— 

Contracted  for  under  direction  of  board 1753  51 

FUNDS— 

School-house,  contingent,  and  teachers',  defined 1748  48 

Separate  account  with  each,  to  be  kept  by  treasurer 1748  48 

Fund  and  object  must  be  specified  in  order .  .1748  48 

Teachers',  and  contingent,  amount  for,  estimated  by  board 1777  66 

Amount  levied  for  school-house  fund  not  to  exceed  ten  mills 1780  68 

Amount  for  contingent  fund,  not  to  exceed  $5  per  scholar 1780  68 

Amount  of  teachers'  fund  not  to  exceed  $15  per  scholar 1780  68 

$75  may  be  levied  for  contingent  fund,  for  each  subdistrict 1780  68 

$270  may  be  levied  for  teachers'  fund,  for  each  subdistrict 1780  68 

Permanent,  interest  on,  apportioned 1781  69 

Secretary  .to  keep  separate  account  with  each 1782  69 

FURNITURE— See  Funds. 

GERMAN  LANGUAGE— 

Electors  may  direct  it  taught  as  a  branch 1763  57 

GRADED  SCHOOLS— 

May  be  established 1726  25 

GENERAL  PROVISIONS— 

School  month  defined 1761  56 

Electors  may  vote  that  foreign  languages  be  taught 1763  57 

Schools  must  be  taught  in  English 1763  57 

Bible  not  to  be  excluded  from  schools 1764  57 

Pupils  not  required  to  read  Bible  contrary  to  wish  of  parents 1764  57 

HIGHWAYS— 

May  be  ordered  by  the  electors 1717  17 

INDEPENDENT  DISTRICTS— 

Left  without  officers,  trustees  call  election 1714  16 

Assets  and  liabilities  divided  when  boundaries  are  changed 1715  17 

.    Corporate  name  of 1716  17 

Majority  of  board  and  president  may  dismiss  pupils 1735 

Tax  for,  county  treasurer  to  pay  over  monthly  1784  70 

Polls  remain  open  from  12  m.  to  7  p.  m.,  when 1789  71 

Polls  to  remain  open  from  9  a.  m.  to  4  p.  m.,  when 178U 

City,  town  or  village  of  over  200  inhabitants  may  organize 1800  76 


154:  INDEX. 

INDEPENDENT  DISTRICTS— CONTINUED— 

Directors  of  district  township  to  establish  boundaries 1801  77 

Electors  to  vote  for  or  against  separate  organization .1801  77 

Term  of  office  of  directors  determined  by  lot 1802  77 

Board  to  elect  president 1802  77 

Board  to  elect  secretary  and  treasurer  in  September 1802  77 

Board  to  consist  of  three  members  when , 1802  77 

Treasurer  of  board  may  not  be  member 1802  77 

President  and  secretary,  judges  at  first  election 1803  79 

Organization  must  be  complete  before  August  1st 1804  79 

Taxes  levied  by  district  township  to  be  void,  when 1804  79 

Board  to  levy  taxes,  when 1804  79 

When  formed  from  two  or  more  townships,  who  give  notice 1805  79 

Governed  bv  laws  for  district  townships,  when  applicable 1806  79- 

Electors  may  vote  tax  for  erection  of  school  houses,  etc 1807  79 

Annual  meeting  of 1808  83 

Election  of  officers 1808  83 

Who  are  judges  of  election 1808  83 

Boundaries  between,  and  district  township,  changed  how 1809  84 

Abandoned,  with  concurrence  of  boards 1809  84 

Board  to  set  off  territory  when 1810  87 

May  consolidate 1811  87 

May  be  formed  from  adjoining  counties 1811  87 

Territory  incorporated  town  part  of  (Chap.  118,  Laws  1882.) 1  86- 

Boundaries  changed,  boards  settle  (Chap.  118,  Laws  1882) 1  86 

School  in  two  counties  formed  into  independent  district 1812  88 

Board  make  statement  of  receipts  and  disbursements 1813  88 

Board  publish  statement,  when 1813  88 

Board  post  statement,  when 1813  88 

Board  liable  to  penalty  for  failure  to  make  statement 1813  88 

District  township'may  become  independent 1814  89 

Independent  districts  may  be  constituted  district  township 1815  90 

Election  to  be  called 1816  90 

Independent  districts  become  subdistricts 1817  91 

Elect  subdirectors  on  first  Monday  in  March « 1818  91 

Governed  by  laws  for  district  townships 1819  91 

New  board  to  make  settlement  of  assets  and  liabilities 1820  91 

May  borrow  money  by  issuing  bonds 1821  92 

Board  to  submit  question  of  issuing  bonds  to  electors 1822  92 

Board  to  issue  bonds  in  accordance  with  vote  of  electors 1822  92 

Bonds  signed  by  president  and  attested  by  secretary. 1822  92 

Denomination  and  time  of  bonds 1«22  92 

Board  vote  tax  to  pay  bonds  if  electors  neglect 1823  95 

Orders  draw  legal  interest  after  presentation 1824  95 

Board  may  provide  for  iudust,  ial  expositions  (Chap.  64,  1874) 1  40 

May  bond  to  fund  indebtedness  ^Chap.  132,  Laws  of  187S) 1  93 

May  subdivide,  or  have  territory  detached  (Chap,  133,  1878) 1  84 

Of  15,000,  have  separate  polling  place's  (Chap.  8,  Laws  of  1880) 1  80 

Questions  submitted  decided  bv  ballot  (Chap.  8,  Laws  of  1880) 2  80 

Register  of  electors  shall  be  prepared 3  81 

Notice  of  election,  how  given  (Chap.  8,  Laws  of  1880) 4  81 


INDEX.  155 

SEC.  PAGE 

INDEPENDENT  DISTRICTS— CONTINUED— 

Board  of,  issue  bonds  to  fund  indebtedness  (Chap.  133,  1880) 1  94 

Levy  of  tax  for  payment  of  bonds,  (Chap.  133,  Laws  of  1880) ,..       6  95 

May  be  formed,  when  (Chap.  62,  Laws  of  1888) 1  87 

INDUSTRIAL  EXPOSITIONS(Chap.  64,  Laws  of  1874)— 

Board  provide  for,  in  each  school,  if  deemed  expedient -h  -    40- 

Consist  of  what 2  40 

Pupils  to  explain  mode  of  manufacture  or  culture 3  40 

Parents  and  friends  may  attend 4  40- 

Ornamental  work  encouraged 5  40> 

When  and  where  held 6  40» 

INSTITUTES— See  Teachers'  Normal  Institute. 

INSURANCE— 

All  districts  may  effect  (Chap.  149,  Laws  of  1882) . .   , 1  41 

No  debts  shall  be  contracted  for  (Chap.  149,  Laws  of  1882) 1  41 

INTEREST— 

Six  per  cent  paid  after  indorsement 1824  9& 

JOINT  DISTRICTS— 

On  account  of  natural  obstacles 1797  75- 

Portion  of,  may  be  restored 1798  7$ 

Between  portions  of  two  counties 1812  88 

JUDGES  OF  ELECTION— 

Of  subdistrict 1719  20j 

Of  district  township  meeting 1717  17 

To  organize  city  independendent  district 1803  79 

Of  annual  meeting  of  independent  district 1808  8£ 

JUDGMENT— 

Against  district,  how  paid 1787  71 

Bonds  issued  to  pay  indebtedness  (Chap.  132,  Laws  of  1878 1  9$ 

Bonds  issued  to  fund  indebtedness  (Chap.  51,  Laws  of  1880) 1  93 

Bonds  issued  to  fund  indebtedness  (Chap.  132,  Laws  of  1880) 1  94 

LANGUAGE— 

German,  or  other  foreign,  when  shall  be  taught 1763  57 

Teacher  of  foreign  must  have  certificate 1763  57" 

Schools  must  be  taught  in  English 1763  57 

LAWS- 

Relative  to  schools  to  be  furnished 1579  5- 

LIABILITIES— See  Assets  and  Liabilities. 

LIBRARY- 

Electors  may  vote  to  purchase 1717  17 

Electors  may  vote  to  buy  library  and  apparatus 1807  79 

Number  books  in,  reported 1583  6> 

MAPS— 

May  be  purchased  by  board 1729  32* 

MISCELLANEOUS- 

Fines  and  penalties,  disposition  of 1786  70' 

Judgment,  how  satisfied 1787  71 

District  township  meeting  vote  tax  to  pay  judgment 1787  71 

Money  borrowed  from  school  fund,  how  paid 1788  71 

Meeting  not  to  organize  before  9  a.  m.  nor  adjourn  before  12  m 1789  71 

Polls  remain  open  from  9  a.  m.  to  4  p.  m.,  when 1789  71 


156  INDEX. 

SEC.  PAGE 

MISCELLANEOUS-CONTINUED— 

Polls  remain  open  from  12  m.  to  7  p.  m.,  when 1789  71 

Director,  or  director  elect  may  administer  official  oath 1790  71 

Penalty  for  misapplication  of  money 1791  72 

Township  board  no  control  over  independent  districts. . ,  .• 1792  72 

Children  may  attend  school  in  adjoining  districts,  when 1793  72 

Board  to  fix  terms  of  attendance,  when 1794  74 

Pupils  may  attend  school  in  another  subdistrict 1795  74 

Board  may  divide  district  township  into  subdistricts 1796  74 

Plat  showing  changes  in  boundaries  must  be  tiled 1796  74 

Subdistrict  boundaries  conform  to  congressional  lines 1796  74 

Changes  in  boundaries  take  effect,  when 1796  74 

Superintendent  may  attach  territory  to  another  township 1797  75 

Territory  may  be  restored,  how 1798  76 

School  district  not  to  be  divided,  when 1799  76 

MONTH— 

Of  what  school  month  consists 1761  56 

NAME— 

Of  school  district 1716  17 

Shall  be  given  (Chap.  133,  Laws  of  1878) 4  84 

May  be  changed  (Chap.  133,  Laws  of  1878) 4  84 

NONRESIDENTS— 

May  attend  in  another  district ' 1793  72 

May  attend  school  by  paying  tuition 1794  74 

NORMAL  INSTITUTE— See  Teachers1  Normnl  Institute. 

NORMAL  SCHOOL— See  State  Normal  School. 

NOTICE— 

Of  subdistrict  meeting 1718  19 

Of  bids  for  text-books  (Chap.  24,  Laws  of  1890) 5  29 

Of  annual  meeting 1742  45 

Of  attendance  in  another  district 1793  72 

Of  election  to  form  city  district 1801  77 

OATH— 

Of  officers  and  members,  administered  by  president 1739  43 

Director  or  directors  elect,  administer  to  director  elect 1790  71 

County  superintendent  may  administer  to  witness. 1834  100 

OFFICIAL  BONDS— See  Bonds. 

ORDERS— 

When  drawn , 1733  34 

How  drawn 1739  43 

Partial  payment  on 1748  48 

May  draw  interest,  when 1824  95 

PARENTS— 

Names  of,  recorded  by  subdirector 1754  53 

May  have  different  residence  from  scholar 1794  74 

PENALTIES— See  Fines  and  Penalties. 

PETITION— 

For  county  uniformity  of  text-books  (Chap.  24,  Laws  of  1890) 8  30 

For  city  independent  district 1801  77 

To  subdivide  independent  district  (Chap.  133,  Laws  of  1878) 2  85 


INDEX.  15t 

SEC.  PAGE; 

PETITION— CONTINUED— 

To  form  independent   district  from  subdistrict  (Chap.   61,  Laws 

of  1888) , —  86. 

To  unite  independent  districts 1811  87 

To  consolidate  independent  districts 1814  891 

To  form  district  townships  from  independent  districts .  .181t>  ~     90 

PHYSIOLOGY  AND  HYGIENE— 

And  effects  of  stimulants  taught  (Chap.  1,  Laws  of  1886) —  42* 

Teachers  examined  upon  (Chap.  1,  Laws  of  1886) —  42~ 

PLAT— 

Of  subdistricts,  filed  with  county  auditor 1796  74- 

PRESIDENT— 

Chosen  from  the  subdirectors 1721  21 

Call  special  meetings  of  board 1722  22 

Care  for  and  receive  books  and  supplies  (Chap.  24,  Laws  of  1890) 1  27 

Temporary,  may  be  appointed 1730  33- 

Vacancy  in  office  of,  filled  by  board 1730  3$ 

To  file  bonds  of  secretary  and  treasurer 1731  34 

Bring  suit  on  bond  of  secretary  and  treasurer,  when 1731  34 

Concur  with  majority  in  expelling  pupils 1735  37 

Preside  at  meetings  of  board  and  of  district  township 1739  4& 

Draw  drafts  on  county  treasurer 1739  43 

Sign  orders  on  district  treasurer 1739  4& 

Sign  all  contracts  made  by  board 1 739  43 

Appear  for  district  in  suits 1740  44 

Secretary  appear,  when 1740  44 

Counsel  may  be  employed 1740  44 

Approved  contracts  of  subdirectors 1753  51 

Concur  with  subdirector  in  dismissing  pupil 1756  53' 

Approve  and  file  teachers'  contracts 1757  54 

Sign  warrant  for  semi-annual  apportionment 1782  69 

Certify  to  account  for  tuition  filed  with  auditor 1793  72 

Sign  district  bonds 1822  92 

PUPILS— 

Attend  school  where,  determined  by  board 1725  25 

Fifteen,  required  for  creation  of  subdistrict 1725  25 

Teacher  may  be  employed  to  teach  ten 1725  25- 

Legal  age  of 1727  26 

Enumerated  by  subdirector 1755  53 

Dismissed  by  subdirector  and  president 1756  53; 

May  be  re-admitted 1756  53 

Register  of  attendance,  when  kept  separate 1759  56 

Not  required  to  read  Bible  contrary  to  wish  of  parent 1764  57 

Attend  school  in  adjoining  district,  when 1793  72 

Temporarily  sojourning,  may  attend  school,  on  what  terms 1794  74 

Board  to  fix  terms  of  attendance,  when , 1794  74 

May  attend  school  in  another  subdistrict 1795  74 

QUALIFICATION  FOR  OFFICE— 

President  of  board 1721  21 

Secretary  and  treasurer 1721  21 

Secretary  and  treasurer  give  bonds 1731  34 


15,8  INDEX. 

QUALIFICATION  FOR  OFFICE— CONTINUED  - 

President  may  administer  oath  to  officers  and  members 1739        43 

Subdirector  qualifies  on  or  before  third  Monday  in  March 1752        51 

Director  or  Director  elect  may  administer  oath  to  director  elect 1790        71 

When  city  district  is  organized 1802        77 

QUORUM— 

Majority  of  board  constitute , 1738        39 

RECEIPTS— 

And  expenditures  reported 1732        34 

And  disbursements  published 1813        88 

RECORDS— 

Secretary  to  keep 1741        44 

REGENTS— See  Board  of  Regents. 
REGISTER— 

Teacher  to  keep 1759        56 

REGULATIONS— 

For  control  of  school  and  teachers 1726        25 

For  government  of  subdirectors 1737        39 

REPORTS— 

Copies  of  to  be  preserved  by  secretary  1741        44 

Secretary  to  make  annually 1745        46 

Treasurer  to  make  annually 1751        49 

Subdirector  to  make  to  secretary 1755        53 

Made  to  state  superintendent  by  county  superintendent 1772        64 

Of  blind,  and  deaf  and  dumb,  by  county  superintendent 1775        65 

Of  interest  on  permanent  school  fund 1783        69 

Superintendent  of  public  instruction  to  governor , 1583          6 

Board  of     normal    school    make   to    governor  (Chap.   129,   Laws 

of  1876) 9          8 

Board  of  regents  make  to  superintendent  of  public  instruction 1601        10 

Board  of  agricultural  college  make  to  governor 1610        11 

RESIDENCE— 

Of  scholar  determines  right  to  attend  school 1794        74 

Site  for  school-house  may  not  be  condemned,  when , ,..  .1826        96 

RE  VOCATION— See  Teacher's  Certificate. 

BOADS— See  Highways. 

RULES  AND  REGULATIONS. 

May  be  adopted  to  govern  schools 1726        25 

Subdirector  may  be  restricted  by 1737        39 

-SALARIES — See  Compensation. 

SALE  OF  PROPERTY— 

May  be  directed  by  electors  of  district  township 1717        17 

May  be  directed  by  electors  of  independent  districts 1807        79 

SCHOLARS— See  Pupils. 

SCHOOL  BOOKS— See  Text-books. 

SCHOOL  LAWS— 

To  be  furnished  school  officers 1579          5 

To  be  given  to  successor 1791        72 

SCHOOL  MONTH- 

Consists  of  what.  .  ..1761        56 


INDEX.  159 

SEC.     PAGE 

SCHOOLS— 

Number  of,  determined  by  board 1724  24 

Duration  of,  beyond  legal  period 1724  24 

Graded,  may  be  established 1726  25 

One  or  more  taught  in  each  subdistrict 1727  26 

Duration  of 1 737  -     26 

Superintendent  may  allow  board  to  reduce  the  time 1727  26 

Visited  by  board  of  directors 1734  35 

Pupils  may  be  expelled  from 1735  37 

Subdirector  shall  visit  twice  during  each  term ; 1756  53 

Teacher  of  must  have  certificate 1758  55 

School  month  defined 1761  56 

Bible  not  to  be  excluded  from 1764  57 

Yisited  by  county  superintendent 1774  65 

May  be  attended  by  pupils  from  adjoining  district,  when 1793  72 

SCHOOL  DISTRICTS— 

Each  civil  township  declared  a  school  district .  .1713  16 

When  without  officers,  how  supplied 1714  16 

If  divided,  board  of  directors  act  until  next  election 1715  17 

Assets  and  liabilities  to  be  equitably  divided 1715  17 

Disagreements  to  be  settled  by  arbitrators , 1715  17 

Assets  divided  when  independent  district  is  formed 1715  17 

Every  school  district  is  a  body  corporate 1716  17 

When  school-house  is  destroyed,  what  to  do 1717£      19 

SCHOOL-HOUSES— 

Plans  for,  recommended  by  county  superintendent 1723  23 

Built  or  repaired  by  contract  if  cost  exceed  $300 1723  23 

Proposals  to  build,  invited  by  advertisement 1723  23 

Contracts  let  to  the  lowest  possible  bidder 1723  23 

Site  of,  fixed  by  board 1724  24 

Contracts  for  repairs  made  by  subdirector 1753  51 

Under  control  of  subdirector  unless  otherwise  ordered 1753  51 

SCHOOL-HOUSE  SITES— 

Lawful  for  district  to  take 1825  96 

Not  to  exceed  one  acre  without  consent  of  owner 1825  96 

Must  be  on  highway 1826  96 

Not  within  forty  rods  of  residence,  if  owner  objects 1826  96 

County  superintendent  to  appoint  appraisers 1827  96 

County  superintendent  to  give  notice  to  owner 1827  96 

Appraisers  to  assess  damages  and  make  report 1827  96 

Board  to  deposit  money  with  the  county  treasurer  1827  96 

Either  party  may  appeal  to  district  court 1827  96 

Title  acquired  for  school  purposes  only 1828  97 

Growing  timber  shall  not  be  injured  or  removed 1828  97 

SCHOOL  ORDERS— 

Not  drawn  until  claim  is  audited 1733  34 

Signed  by  the  president 1739  43 

Fund  and  object  must  be  specified  in 1739  43 

K      Secretary  to  countersign  and  register 1741  44 

Transcript  of,  must  be  furnished  to  treasurer 1741  44 

Must  specify  fund  and  purpose 1748  48 


160  INDEX. 

SEC.  PAGE 

SCHOOL  ORDERS— CONTINUED— 

Treasurer  to  register 1750  4£* 

Given  to  satisfy  judgment 1787  71 

Draw  lawful  interest  after  presentation 1824  95 

SCHOOL  YEAR— See  Year. 

SECRETARIES— 

Give  notice  of  subdistrict  election,  when 1718  19> 

Draw  for  absent  member  in  case  of  a  tie 1719  20 

Elected  on  third  Monday  in  September 1721  21 

Qualify  and  enter^on  duty  within  ten  days 1721  21 

Chosen  from  township  at  large,  when 1721  21 

Have  no  vote  unless  memberof   board 1721  21 

Temporary,  may  be  appointed 1730  33 

Vacancy  in  office  of.  filled  by  board 1730  33 

Give  bond 1731  34 

Compensation  of,  fixed  by  board 1733  34 

Report  names  of  school  officers  to  county  officers. . '. 1736  39 

Appear  in  suits,  when 1740  44 

Record  all  proceedings  of  board 1741  44 

Preserve  copies  of  all  reports 1741  44 

File  all  official  papers *. .  .1741  441 

Countersign  and  register  drafts  and  orders 1741  44 

Furnish  district  treasurer  with  transcript  of  orders 1741  44 

Post  five  notices  of  district  township  meeting 1742  45 

Notices  to  state  hour  of  meeting 1742  45 

Present  accounts  to  board  to  be  audited 1743  45 

Notify  superintendent  when  each  school  begins 1744  46 

Make  annual  report  to  county  superintendent 1745  46 

Penalty  for  failure  of,  to  report  1746  47 

Certify  amounts  for  school  funds 1777  66 

Countersign  warrants  for  semi-annual  apportionment 1782  69 

Debit  and  credit  treasurer 1782  69 

File  account  of  tuition,  when 1793  72 

Deliver  plat  to  county  treasurer  and  auditor  — 1796  74 

Record  order  of  county  superintendent  and  correct  plat,  when 1797  75 

Chosen  outside  the  board,  when 1802  77 

Act  as  judge  of  annual  election 1808  83- 

Draw  for  absent  member,  in  case  of  tie  vote 1808  83 

Post  notices  of  election 1811 

Send  up  transcript 1832  99 

SEMI-ANNUAL  APPORTIONMENT— 

Taken  into  account  in  estimate  of  taxes 1777  66- 

County  auditor  shall  make 1781  69 

SEX— (Chap.  136,  Laws  of  1876.) 

Not  a  test  of  eligibility  to  school  offices  1  60 

No  person  deprived  of  school  office  by  reason  of  sex 2  60- 

SPECIAL  MEETINGS— 

When  school-house -has  been  destroyed 1717^  19 

Of  board 1722 

When  school-house  has  been  destroyed 1807^  83 

Of  electors  to  vote  bonds .                                                  1822  92 


INDEX. 

STATE  CERTIFlCATE-See  State  Board,  etc. 

STATE  NORMAL  SCHOOL- (Chap.  120,  Laws  of  1876.) 

Object  and  location 1  'i 

Controlled  by  board  of  directors 2  7 

Vacancy  in  board  filled  by  governor 2  7 

Officers  of  the  board  and  compensation . 3  ~~  7 

Officers  to  give  bond •   4  8 

Teachers  employed  by  board 5  8 

Property  and  funds  controlled  by  board  . .  / 5  8 

Rules  for  management  of  school  made 5  8 

Provide  for  admission  of  teachers 5  8 

Arrange  for  board  of  teachers 5  8 

Require  fee  for  contingent  expenses 5  8 

Session  must  continue  twenty-six  weeks 5  8 

Board  may  charge  tuition  fee 5  8 

Report  made  each  year 9  8 

STATE  UNIVERSITY— 

Object  and  location  of 1585  9 

Course  of  study,  where  to  commence 1585  9 

Student  not  completed  elementary  branches  not  admitted 1585  9 

No  religious  denomination  to  control  1586  9 

Governed  by  board  of  regents 1587  9 

Governor  president  of  board 1587  9 

Superintendent  public  instruction,  member  of  board 1587  9 

Regent  elected  from  each  congressional  district 1587  9 

Departments  determined  by  board  of  regents 1589  9 

Include  collegiate,  scientific,  law,  and  other  departments 1589  9 

Board  of  regents  may  confer  degrees 1596  9 

Enact  laws  for  government  of  university  1596  9 

President,  professors  and  tutors,  how  appointed 1596  9 

Salaries  of  officers  determined  by  the  board 1596  9 

Tuition  fees  fixed  by  the  board 1596  9 

Officer  removed,  when  deemed  necessary 1596  9 

Library,  apparatus,  etc.,  purchased  by  board. . 1597  10 

All  specimens,  collected  by  state  geologist,  to  belong  to 1598  10 

President  report  to  board  of  regents 1600  10- 

Board  report  to  superintendent  of  public  instruction 1601  10 

STUDIES— See  Course  of  Study. 

SUBDIRECTORS— 

Special  election  of 1714  16 

Elected  first  Monday  in  March 1718  19 

Give  notice  of  subdistrict  election 1718  19 

One,  elected  from  the  district  at  large,  when 1720  21 

Vacancy  in  office  of,  filled  by  board  v 1730  33 

Governed  by  rules  made  by  board 1737  39 

Elected  for  three  years  (Chap.  20,  Laws  of  1892) 2  50 

Take  oath .1752  51 

Office  vacant  in  case  of  failure  to  qualify  or  to  elect 1752  51 

Make  contracts  under  restrictions  of  board 1753  51 

Have  control  of  school-house 1753  51 

Contracts  must  be  approved  by  president 1753  51 

11 


162  INDEX. 

SUBDIRECTORS— CONTINUED— 

Take  enumeration  of  children , 1754 

Make  annual  report  to  secretary 1755 

May  dismiss  pupils  with  concurrence  of  president 1756 

Shall  visit  schools  twice  during  each  term 1756 

Authorized  to  administer  official  oath 1790 

Qualify  on  or  before  third  Monday  in  March. 1790 

When  superseded  deliver  up  books,  etc 1791 

Penalty  for  misapplication  of  money,  etc 1791 

May  consent  that  pupils  attend  school  in  another  subdistrict .  .1795 

Elected  for  new  subdistrict,  when 1796 

No  person  ineligible  by  reason  of  sex  (Chap.  136,  Laws  of  1376) 1 

SUBDISTRICTS— 

Embracing  whole  district  elect  three  subdirectors 1720- 

If  but  two  subdistricts  in  township,  subdirectors  chosen,  how 1720 

Board  determine  number  of  schools  taught  in  each. 1724 

One  or  more  schools  taught  in  each , 1727 

Rule  of  taxation  on,  for  school-house  purposes 1778 

Pupils  may  attend  in  another 1795 

Plat  of,  to  be  made 1796 

May  be  formed  from  independent  districts 1817 

Hold  meeting  to  elect  subdirector,  on  first  Monday  in  March 1818 

SUBDISTRICT  BOUNDARIES— 

Vote  of  majority  of  board  required  to  change 1738 

Established  and  changed  by  board 1796 

Conform  to  congressional  lines 1796 

Changes  in,  to  take  effect  when 1797 

SUBDISTRICT  MEETING— 

Held  annually,  on  the  first  Monday  in  March 1718 

Five  days'  notice  of,  given  by  subdirector 1718 

Three  notices  stating  hour,  posted 1718 

Chairman  and  secretary  act  as  judges  of  election 1719 

Vote  decided  by  lot,  in  case  of  a  tie 1719 

Three  subdirectors  elected,  when 1720 

One  subdirector  in  each  district,  and  one  at  large 1720 

Judges  of  election  canvass  votes  for  subdirector  at  large 1720 

Not  to  organize  before  9  A.  M.,  or  adjourn  before  12  M 1789 

Held  on  first  Monday  in  March 1818 

SUITS— 

President  appears  for  district  in 1740 

To  collect  penalty,  how  brought 1786 

When  publishers  violate  bond  (Chap.  24,  Laws  of  1890) 4 

SUPERINTENDENT  OF  PUBLIC  INSTRUCTION—  ^ 

Approve  appointment  of  institute  instructors 1769 

May  entertain  appeals  from  county  Superintendent 1835 

Give  thirty  days'  notice  to  county  superintendent 1835 

Like  notice  to  adverse  party 1835 

Decision  shall  be  final 1835 

Shall  not  render  judgment  for  money 1836 

Receive  no  additional  compensation  for  determining  appeals 1836 

May  meet  county  superintendents  in  convention 1577 


INDEX.  163 

SEC.  PAGH 

SUPERINTENDENT  OF  PUBLIC  INSTRUCTION— CONTINUED— 

Charged  with  supervision  of  schools  and  superintendents 1577  5 

Attend  teachers'  institutes,  when  practicable 1577  5 

Determine  appeal  cases < 1577  5 

Render  written  opinion  to  school  officers  when  asked 1577  5 

Have  office  at  seat  of  government 1578_     '  5 

File  all  papers,  reports  and  documents 1578  5 

Keep  fair  record  of  matters  in  office 1578  5 

Publish  and  distribute  school  laws  and  amendments 1579  5- 

Publish  and  distribute  other  necessary  forms 1579  5 

Subscribe  for  educational  journal 1581  fr 

Furnish  copies  of  same  to  county  superintendent 1581  6- 

Publish  decisions  in  educational  journal 1581  6 

Report  number  of  children  to  auditor  of  state 1582  6 

Report  to  governor  of  state 1583  6 

Have  report  printed  and  presented  to  general  assembly 1583  6- 

Appoint  teachers'  institutes - 1584  7 

Transmit  appropriation  to  county  superintendent 1584  7 

Member  of  board  of  regents  of  state  university 1587  9 

Board  of  regents  shall  report  to 1601  10 

President  board  state  normal  school  (Chap.  129,  Laws  of  1876). ...      2  7 

President  state  board  of  examiners  (Chap.  167,  Laws  of  1882) 1  58 

SUSPENSION  - 

Of  scholar  in  independent  district 1735  3T 

Of  scholar  in  subdistrict 1756  53 

TAXES- 

Board  not  to  certify  after  third  Monday  in  May 1738  39 

For  teachers'  and  contingent  funds  determined  by  board , 1777  66 

Certified  by  secretary  to  board  of  supervisors 1777  66 

Board  of  supervisors  to  levy  for  school  funds 1777  66 

School-house,  to  be  apportioned 1778  67 

Excess  levied  upon  subdistrict,  when 1778  67 

Fifteen  mills  may  be  levied,  when 1778  67 

One  to  three  mills  county  tax  to  be  levied 1779  6S 

Receivable  only  in  cash 1779  68 

Limits  of  for  school  purposes 1780  6& 

Paid  to  district  township  treasurer  quarterly 1784  70 

Paid  to  independent  districts  monthly 1784  70 

Presidents  of  boards  to  be  notified  of  tax  collected 1785  70 

Paid  to  district  treasurers  on  warrants 1785  70 

Levied  by  district  townships,  void,  when 1804  79 

All  taxes  determined  by  board  of  directors,  when 1804  79 

Determined  before  third  Monday  in  August,  when 1804  70 

Certified  before  first  Monday  in  September,  when 1804  79 

Board  of  supervisors  levy  for  independent  districts 1804  79 

Of  mills  voted,  when  (Chap.  67,  Laws  of  1874) 1  80 

Board  to  levy,  to  pay  judgment  (Chap.  132,  Laws  of  1878) 2  93 

TEACHERS— 

Keep  list  of  pupils  showing  attendance,  etc 1734  35 

May  be  discharged  by  board 1734  35 

Subdirector  or  secretary  makes  contracts  with 1757  54 


164:  INDEX. 

SEC.  PAGS 

TEACHERS— CONTINUED— 

Contracts  must  be  in  writing 175?  54 

President  must  approve  and  tile  contract 1757  54 

Not  to  be  employed  without  certificate 1758  55 

Keep  daily  register 1759  56 

Keep  separate  register  for  nonresident  pupils 1759  56 

File  certified  copy  of  register  with  secretary 1760  56 

Regular  examination  of,  last  Saturday  in  each  month 1766  60 

Satisfy  county  superintendent  regarding  moral  character 1767  61 

Certificate  can  not  exceed  one  year 1767  61 

Examination  of,  to  be  public 1768  62 

Pay  fee  on  application  for  examination 1769  62 

Pay  registration  fee 1769  62 

Certificate  of,  may  be  revoked. . . 1771  64 

Shall  have  personal  notice  of  charges  preferred 1771  64 

Of  county  high  school,  by  whom  selected 1706  14 

TEACHERS'  NORMAL  INSTITUTE- 

Aided  by  state  appropriation ' 1584  7 

Shall  be  held  annually  in  each  county 1769  62 

Held  when  schools  are  generally  closed 1769  62 

One  dollar  registration  fee 1769  62 

Board  of  supervisors  may  assist 1769  62 

No  order  drawn  except  for  services  or  expenses 1769  62 

TERM  OF  OFFICE— 

For  ofiicers  of  board 1721  21 

For  subdirector  (Chap.  20,  Laws  of  1892) 1  50 

Of  directors  in  independent  districts 1802  77 

TERRITORY— 

All  organized,  in  some  school  district 1713  16 

In  two  civil  townships 1797  75 

May  be  restored 1798  76 

Contiguous,  may  be  included  in  city  district 1800  76 

Detached  to  form  independent  district  (Chap.  133,  Laws  of  1878) 1  84 

TESTIMONY— 

In  appeal  trial 1834  100 

TEXT-BOOKS— 

Board  may  adopt 1728  27 

May  be  changed  after  three  years 1728  27 

Electors  may  authorize  board  to  change  sooner 1728  27 

Board  may  adopt  (Chap.  24,  Laws  of  1890) 1  27 

Board  may  buy  and  sell  (Chapter  24,  Laws  of  1890) 1  27 

President  shall  care  for  (Chap.  24,  Laws  of  1890) 1  27 

No  debts  contracted  for  (Chap.  24,  Laws  of  1890J 2  28 

Must  be  bought  by  contract  (Chap.  24,  Laws  of  1890) 5  29 

Samples  of,  must  be  filed  with  county  auditor  (Chap.  24,  Laws  of  1890)      7  30 

County  uniformity  of,  provided  for  (Chap.  24,  Laws  of  1890) 8  30 

County  board  of  education  (Chap.  24,  Laws  of  1890) 9  30 

Cities  and  towns  may  adopt  and  buy  (Chap.  24,  Laws  of  1890) 12  32 

TIE  VOTE— 

For  subdirector  determined  by  lot 1719  20 

For  director  determined  by  lot 1808  83 


INDEX.  165 

SEC.  PAQB 

TRANSCRIPT— 

Secretary  notified  to  send,  on  appeal 1832  99 

TREASURERS— 

Chosen  outside  of  the  board,  when 1721  21 

Have  no  vote  unless  member  of  board 1721  21 

Vacancy  in  office  of,  filled  by  board ,^172Q  _    33 

Give  bonds 1731  34 

Accounts  of,  examined  by  board '. . .  1732  34 

Compensation  of,  fixed  by  board 1733  34 

Hold  all  moneys  belonging  to  district 1747  47 

Pay  funds  on  order  of  president;  countersigned  by  secretary 1747  47 

Keep  account  of  moneys  received  and  paid  out 1747  47 

Keep  separate  account  with  each  fund 1748  48 

Pay  no  order  which  does  not  specify  fund  and  object 1748  48 

Make  partial  payments  on  orders 1748  48 

Receive  money  apportioned  to  district 1749  49 

Receive  district  school  tax 1749  49 

Register  orders 1750  49 

Render  statement  of  finances 1751  49 

Make  annual  report  to  board  of  directors 1751  49 

Make  annual  report  to  county  superintendent 1751  49 

Penalty  for  failure  to  report 1751  49 

Draw  semi-annual  apportionment  on  warrant 1782  69 

Receive  moneys  for  district  township  quarterly 1784  70 

Receive  moneys  for  independent  district  monthly 1784  70 

•Chosen  outside  of  board,  in  all  independent  districts 1802  77 

Negotiate  bonds 1822  92 

Countersign  bonds  when  negotiated 1822  92 

•Charged  with  bonds  delivered  to  him 1822  92 

Of  county  high  school 1 701  13 

Of  county  high  school,  duties  of 1701  13 

Of  state  normal  school  (Chap.  129,  Laws  of  1876) 3  7 

Of  state  normal  school,  duties  of  (Chap.  129,  Laws  of  1876) 4  8 

To  sell  bonds,  when  (Chap.  132,  Laws  of  1880) 2  94 

Keep  record  of  parties  buying  bonds  (Chap.  132,  Laws  of  1880) 3  94 

Charged  with  bonds  delivered  to  him  (Chap.  132,  Laws  of  1880) ...      5  95 

TREES- 

Number  and  condition  of,  reported  annually 1745  46 

Growing  and  standing,  shall  not  be  injured 1828  97 

Board  shall  cause  to  be  set  out  (Chap.  23,  Laws  of  1882) 1  40 

Superintendent  to  notify  boards  (Chap.  23,  Laws  of  1882) 2  40 

TRIAL— 

Of  appeal 1834  100 

TRUSTEES  OF  COUNTY  HIGH  SCHOOLS— 

Appointed  by  board  of  supervisors 1699  13 

Qualification  of 1699  13 

Oath,  and  bond  of 1699  13 

County  superintendent  member  of  board  of 1699  13 

Divided  into  three  classes 1700  13 

Election  of 1700  13 

Terms  of  office ..1700  13 


166  INDEX. 

BEG.  PAGE 

TRUSTEES  OF  COUNTY  HIGH  SCHOOLS— CONTINUED— 

County  superintendent  president  of  board 1701  13 

Secretary  and  treasurer  appointed  from  board 1701  13 

Estimate  of  funds  needed,  made  by 1702  13 

Shall  present  estimate  to  board  of  supervisors 1702  13 

May  require  treasurer  to  give  additional  bond 1704  14 

Shall  select  site  for  high  school 1705  14 

Make  purchases,  let  contracts,  etc 1705  14 

Employ  teachers,  pay  salaries 1706  14 

Make  rules  regarding  admission 1707  14 

Determine  tuition  of  pupils  from  other  counties 1708  15 

Approve  of  rules  and  regulations  governing  schools 1700  15 

May  expel  refractory  pupils 1709  15 

Make  annual  report  to  board  of  supervisors 1710  15 

Vacancies  filled  by  board  of  supervisors 1711  15 

Compensation  of  members 1712  15 

TUITION— 

Of  pupils  from  other  districts,  how  paid 1793  72 

Of  nonresidents,  fixed  by  board 1794  74 

At  county  high  school  free,  when 1707  14 

Of  scholars  from  other  counties  at  county  high  school ' 1708  15 

At  state  normal  school  (Chap,  129,  Laws  of  1876) 5  8 

At  agricultural  college 1619  12 

UNIVERSITY— See  State  University. 

VACANCY- 

Filled  by  special  election,  when 1714  16 

Filled  by  appointment,  when '. 1730  33 

Occurs  in  case  of  failure  to  qualify,  or  to  elect 1752  51 

VISITATION  OF  SCHOOLS— 

By  board  of  directors 1734  35 

By  subdirector 1756  53 

By  county  superintendent 1774  65 

VOTERS— See  Electors. 

WARRANTS— See  Orders. 

WITNESSES— See  Appeal 

WOMEN— See  Sex. 

YEAR- 

For  school  purposes 1727  2& 

For  financial  report 1751  49 

For  levy  of  taxes 1777  §6- 

YOUTH — See  Enumeration  and  Pupils. 


SCHOOL  LAW  DECISIONS 


IN 


APPEAL   CASES 


BY  THE 


Superintendent  of  Public  Instruction, 


EDITION  OF  1892. 


COMPILED  FOR  THE  USE  OF  SCHOOL  OFFICERS 


BY 


J.  B.  Knoepfler, 

SUPERINTENDENT  OF  PUBLIC  INSTRUCTION 


DES  MOIJiES: 

GEO.  H.  RAGSDALE,  STATE  PRINTER. 

1892. 


PREFACE. 


From  the  large  number  of  appeal  cases  rendered  since  1864,  we  have 
selected  those  which  appear  to  us  as  most  likely  to  be  of  value  to  county 
superintendents  and  district  boards  in  the  discharge  of  their  official  duties. 

Every  available  means  has  been  utilized  to  bring  this  compilation 
into  the  best  possible  shape  for  general  use.     Here  and  there  an  addi- 
tional syllabus  haa  been  prefixed  to  a  case.     The  index  at  the  close  o 
the  decisions  has  been  extended  materially  by  the  addition  of  a  larger 
number  of  particulars. 

Where  an  appeal  decision  is  referred  to  without  joining  any  reference 
with  the  title  to  the  case,  such  decision  is  to  be  found  in  the  present 
volume  by  consulting  the  table  of  cases. 

We  improve  this  opportunity  to  invite  attention  to  a  few  important 
matters  too  often  overlooked. 

Certain  classes  of  cases  may  be  determined  only  by  the  courts  of  law. 
No  appeal  may  be  taken  from  an  action  of  the  electors.  The  title  to  an 
office  or  the  right  to  exercise  the  privileges  of  the  office  must  be  decided 
in  court.  Writs  and  special  orders  must  issue  from  a  court.  Where  the 
validity  or  the  enforcement  of  a  contract  is  the  leading  feature,  a  court 
must  hear  the  case.  The  validity  of  district  organization  may  be  deter- 
mined by  quo  warranto  but  not  by  appeal.  In  the  trial  of  an  appeal,  as 
soon  as  it  becomes  clearly  apparent  that  the  principal  issue  is  of  a  kind 
intended  by  our  statutes  to  be  heard  and  determined  only  by  the  courts 
of  law,  the  appeal  should  be  dismissed. 

County  superintendents  should  give  great  weight  to  acts  of  a  board 
purely  discretionary  in  their  nature.  Unless  such  acts  are  plainly  shown 


4  PREFACE. 

in  the  testimony  to  be  the  result  of  manifest  injustice  or  improper  motives, 
or  in  some  other  way  an  abuse  of  discretion,  the  action  of  the  board  should1 
be  affirmed.  The  county  superintendent  is  given  the  power  to  review  an 
action  of  the  board  to  determine  whether  the  official  authority  possessed 
by  the  board  was  exercised  in  the  manner  intended  by  the  law.  If  he 
finds  positive  error,  he  is  authorized  to  reverse  the  order  complained  of. 
But  the  error  must  appear  clearly.  If  compelled  to  reverse,  the  decision 
should  contain  all  the  reasons  for  such  a  conclusion;  and  the  portions  of 
the  testimony  relied  upon  in  support  of  the  finding,  with  the  authorities 
followed  and  governing,  should  be  fully  pointed  out. 

The  same  weight  which  county  superintendents  are  required  to  accord 
to  discretionary  acts  of  boards  will  be  given  by  this  department  to  the 
discretion  of  county  superintendents  in  granting,  refusing,  or  revoking 
certificates,  and  in  granting  or  refusing  to  grant  a  rehearing  in  cases  of 
appeal. 

When  appeal  is  taken  to  this  office,  it  is  greatly  to  the  advantage  of 
all  concerned,  for  the  county  superintendent  to  take  great  care  in  pre- 
paring the  transcript.  Each  paper  should  be  so  marked  as  clearly  to  indi- 
cate its  character.  The  pages  of  the  testimony  should  be  numbered,  and 
the  entire  transcript  fastened  together.  If  the  transcript  can  possibly  be 
put  into  type-written  work,  especially  if  the  testimony  is  lengthy,  a 
great  deal  of  valuable  time  will  be  saved  to  the  reader,  and  the  improved 
appearance  over  written  work  will  assist  very  much  in  arriving  at  the 
merits  of  the  case  the  more  readily.  The  map,  which  is  an  essential  part 
of  every  case  where  boundaries  or  sites  are  in  question,  should  not  fail 
to  show  all  possible  information  of  value  to  a  clear  understanding  of  the 
particular  case.  A  complete  and  accurate  plat,  agreed  to  by  all  parties 
at  the  time  of  trial  as  being  correct,  often  furnishes  a  key  to  the  whole 
situation. 

One  copy  'of  this  book  is  supplied  to  each  district,  to  be  kept  in  the 
hands  of  the  secretary  and  transmitted  by  him  with  the  other  records  to 
his  successor 


PREFACE.  5 

It  is  presumed  that  the  following  decisions  correctly,  construe  the 
present  school  law,  and  we  think  a  careful  and  systematic  study  of  them 
will  assist  in  the  administration  of  school  affairs  and  result  in  many  cases 
in  answering  inquiries  likely  to  arise,  besides  sometimes  entirely  remov- 
ing the  necessity  for  an  appeal. 

J.  B.  KNOEPFLER, 

DBS  MOINES,  July  1,  1892.         Superintendent  of  Pullic  Instruction. 


TABLE  OF  CASES. 


A. 

Albion,  District  Township  of,  Smith  v 14 

Amity,  Independent  District  of,  Darnell  v  72 

Arthur  v.  Independent  District  of  Fairway  66 

B. 

Bacon  v.  District  Township  of  Liberty : 57 

Badger,  District  Township  of,  O'Connor  v  108 

Baker  v.  Independent  District  of  Waukon 91 

Bartlett  v.  District  Township  of  Spencer 80 

Beard  v.  District  Township  of  Washington 47 

Belmont,  District  Township  of,  Moorman  v 37 

Boomer,  District  Township  of,  Remington  v 38 

Boyer  v.  Independent  District  No.  2 96 

Brighton,  District  Township  of,  Woods  v 64 

Britt,  District  Township  of,  Burdick  v 133,  134 

Brown  v.  District  Township  of  Van  Meter 59 

Brown,  District  Township  of,  Gordon  v 28 

Brown  v.  District  Township  of  Richland 13 

Bunn  v.  District  Township  of  Douglas 45 

Burdick  v.  District  Township  of  Britt 133,  134 

Burlington,  Independent  District  of,  David  v : 53 

Burrington,  Moody  v 43 

Buzzard  v.  Independent  District  of  Liberty 67 

0. 

Caldwell  v.  Peebles 41 

Cedar,  District  Township  of,  Miner  v ." 35 

Center,  District  Township  of,  Folsom  v 105,  120 

Center,  Independent  District  of,  Sheafe  v 135 

Charles  City,  Independent  District  of,  Harwood  v 49 

Chester,  District  Township  of,  Hays  v 62 

Clarence,  Independent  District  of,  Tanner  v 130 

Coffin's  Grove,  District  Township  of,  Smith  v 20 

Colburn  v.  District  Township  of  Silver  Lake 79 

Corm  ack  v.  District  Township  of  Lincoln 76 

Cous  ins  v.  Independent  District  Township  of  Spirit  Lake 95 

Crawford,  Walker  v 115 

Cur  ry  v.  District  Township  of  Franklin 27 


8  CONTENTS. 

D. 

Dallas,  Independent  District  of,  Goff  v 137 

Darnell  v.  Independent  District  of  Amity 73 

David  v.  Independent  District  of  Burlington 53 

Davis  v.  District  Township  of  Linn 118 

Davis  v.  District  Township  of  Madison 40 

Deck  v.  District  Township  of  Eden 108 

Des  Moines,  District  Township  of,  Handersheldt  v 83 

Donald  v.  District  Township  of  South  Fork 73 

Donelon  v.  District  Township  of  Kniest 124 

Dougherty  v.  Tracy 17 

Douglas,  District  Township  of,  Bunn  v , 45 

Dunlavy  v.  Klinginsmith 71 

E. 

Eagle,  District  Township  of,  Reed  y 132 

Eden,  District  Township  of,  Deck  v 103 

Eden,  District  Township  of,  Kelley  and  Smith  v 123 

Edna  Grove,  Independent  District  of,  v.  Independent  District  of  Edna 110 

Edwards  v.  District  Township  of  West  Point 22 

Eldon,  Independent  District  of,  Taylor  v 46 

Empire,  Independent  District  of,  Watkins  v 120 

Empire,  Independent  District  of,  Watkins,  Richie  v 129 

Erin,  District  Township  of,  Meleney  v , Ill 

Exira,  District  Township  of,  Watson  v 48 

F. 

Fairway,  Independent  District  of,  Arthur  v 66 

Fisher  v.  District  Township  of  Tipton 86 

Folsom  v.  District  Township  of  Center. 105,  120 

Forsythe  v.  Independent  District  of  Kirkville. 139 

Franklin,  District  Township  of,  Curry  v 27 

G. 

Goff  v.  Independent  District  of  Dallas 137 

Gordon  v.  District  Township  of  Brown 28 

Gosting  v.  District  Township  of  Lincoln  58 

H. 

Handersheldt  v.  District  Township  of  Des  Moines 82 

Harlan  Township,  District  No.  1  v.  District  No.  2 77 

Harwood  v.  independent  District  of  Charles  City 49 

Hays  v.  District  Township  of  Chester 62 

Heffern  and  Van  Patter  v.  District  Township  of  Tipton 128 

Hodge  v.  Young 117 

Hosington  v.  District  Township  of  Union 99 

Hoskins  v.  District  Township  of  Lincoln 126 

Hubbard  v.  District  Township  of  Lime  Creek 55 

I. 

Independence,  District  Township  of,  Klise  v 113 


CONTENTS.  9 

J. 

Jacoby  v.  Independent  District  of  Nodaway  ..................................  75 

Jasper,  District  Township  of,  Thompson  v  ....................................  03 

Johnston  v.  District  Township  of  Utica  ...................................  100,  103 


Kelley  and  Smith  v.  District  Township  of  Eden  ..............................  123 

Kennon,  Orme,  v.  Independent  District  of  Nodaway  No.  4  ..................  .  .  70 

Keystone,  Independent  District  of,  Tompkins  v  .............................  03 

Kirkville,  Independent  District  of,  Forsythe  v  ................................  13LJ 

Klinginsmith,  Dunlavy  v  .....................................................  71 

Klise  v.  District  Township  of  Independence  ...........  ......................  -13 

Kniest,  District  Township  of,  Donelon  v  .............................  .  .......  124 

Koontz  v.  District  Township  of  Liscomb  .....................................  89 

L. 

Lang  v.  District  Township  of  Linn  ..........................................  Gl 

Lester,  District  Township  of,  Sipple  v  ........................................  31 

Lewis  v.  District  Township  of  Woolstock  ....................................  94 

Liberty,  District  Township  of,  Bacon  v  ......  .  .........................  .  .....  57 

Liberty,  Independent  District  of,  Buzzard  v  ..........  .  ......................  67 

Liberty,  District  Township  of,  Rook  v  ........  .  ...............................  52 

Lime  Creek,  District  Township  of,  Hubbard  v  ...............................  55 

Lincoln,  District  Township  of,  Cormack  v  ...................................  76 

Lincoln,  District  Township  of,  Gostiug  v  ..............  .  .........  .............  58 

Lincoln,  District  Township  of,  Hoskins  v  ....................................  126 

Lincoln,  District  Township  of,  Maxwell  v  ____  ................................  122 

Linn,  District  Township  of,  Davis  v  .........................................  118 

Linn,  District  Township  of,  Lang  v  .............  .  ............................  61 

Liscomb,  District  Township  of,  Koontz  v  .............................  .......  .  89 

Lodomillo,  District  Township  of,  Rankin  v  .........  .  .........................  78 

M. 

Madison,  District  Township  of,  Davis  v  ..................  .  ..................  ».    40 

Maquoketa,  District  Township  of,  Smith  v  ...................................     25 

Marshall  v.  District  Township  of  Marshal)  ....................................     90 

Maxwell'v.  District  Township  of  Lincoln  ....................................  122 

Meleney  v.  District  Township  of  Erin  ..........  .  .............................  Ill 

Miner  v.  District  Township  of  Cedar  ........  ...............................     35 

Monroe,  District  Township  of,  Wilson  v  .....  .................................     68 

Moody  v.  Burrington  .......................................................     43 

Moorman  v.  District  Township  of  Beluiont  ...................................     37 

N. 

Nodaway,  Independent  District  No.  4,  Kennon,  Orme  v  ................   ......     70 

Nodaway,  Independent  District  of,  Jacoby  v  ................................     75 

No.  2,  Independent  District,  Boyer  v  .........................................     96 

No.  7,  Independent  District,  Webster  v  ......................................  13$ 


10  CONTENTS. 

O. 

O'Connor  v.  District  Township  of  Badger 108 

P. 

Park  v.  Independent  District  of  Pleasant  Grove 84 

Peck  v.  District  Township  of  Polk 39- 

Peebles,  Caldwell  v 41 

Pleasant  Grove,  Independent  District  of,  Park  v 84 

Polk,  District  Township  of,  Peck  v.   39 

K. 

Randall  v.  District  Township  of  Vienna * 43. 

Rankin  v.  District  Township  of  Lodomillo 78 

Reed  v.  District  Township  of  Eagle 132 

Reed  v.  District  Township  of  Union , 54 

Remington  v.  District  Township  of  Boomer 38 

Richland,  District  Township  of,  Brown  v 13 

Rook  v.  District  Township  of  Liberty 52, 

s. 

Scheppele  v.  Independent  District  of  Stone  Hill 141 

Sheafe  v.  Independent  District  of  Center , 135 

Silver  Lake,  District  Township  of,  Colburn  v 79 

Sipple  v.  District  Township  of  Lester 31 

Smith  v.  District  Township  of  Albion 14 

Smith  v.  District  Township  of  Coffin's  Grove 20 

Smith  v.  District  Township  of  Maquoketa. 25 

South  Fork.  District  Township  of,  Donald  v *. 73 

Spencer,  District  Township  of,  Bartlett  v 80 

Spirit  Lake,  Independent  District  Township  of,  Cousins  v. 95 

Stone  Hill,  Independent  District  of,  Scheppele  v 141 

T. 

Tanner  v.  Independent  District  of  Clarence 130 

Taylor  v.  Independent  District  of  Eldon 46 

Thompson  v.  District  Township  of  Jasper 63 

Tipton,  District  Township  of,  Fisher  v 86 

Tipton,  District  Township  of,  Heffern  and  Van  Patter  v 128 

Tompkins  v.  Independent  District  of  Keystone 93 

Tracy,  Dougherty  v 17 

U. 

Union,  District  Township  of,  Hosington  v 99 

Union,  District  Township  of,  Reed  v 54 

Utica,  District  Township  of,  Johnston  v 100,  102. 


CONTENTS.  11 

V, 

Van  Meter,  District  Township  of,  Brown  v 59' 

Vienna,  District  Township  of,  Randall  v 4$ 

w. 

Walker  v.  Crawford 115 

Washington,  District  Township  of,  Beard  v 47 

Watkins  v.  Independent  District  of  Empire 120 

Watkins,  Richie  v.  Independent  District  of  Empire  129 

Watson  v.  District  Township  of  Exira 48 

Waukon,  Independent  District  of,  Baker  v 91 

Webster  v.  Independent  District  Number  Seven  133 

West  Point,  District  Township  of,  Edwards  v 22 

Wilson  v.  District  Township  of  Monroe 6& 

Woods  v.  District  Township  of  Brighton 64 

Woolstock,  District  Township  of,  Lewis  v 94 

Y. 

Young,  Hodge  v 11T 


SCHOOL  LAW  DECISIONS. 


JANE  BROWN  v.  DISTRICT  TOWNSHIP  OF  HIGHLAND. 
Appeal  from  Tama  County. 

1.  SUBDISTRICT  BOUNDARIES:     Change  of '.    In  changing  subdistrict  boundaries,, 
both  the  present  and  the  future  welfare  of  the  district  township  should  be 
considered. 

2.  SUBDISTRICT:     Size  of.    It  is  better  to  have  large  subdistricts  with  good  school- 
houses  well  furnished,  than  small  subiistricts  with  undersized  and    poorly 
furnished  school-houses. 

The  board  of  said  district  township  at  their  regular  meeting  in  Septem- 
ber, 186i,  changed  the  boundaries  of  certain  subdistricts,  whereby  sub- 
district  number  seven  and  a  portion  of  subdistrict  number  one.  were 
attached  to  subdistrict  number  five.  From  this  order  of  the  board  an 
appeal  was  taken  to  the  county  superintendent,  who  after  a  full  and  fair 
investigation  of  the  case,  sustained  the  action  of  the  board.  From  his 
decision  an  appeal  is  brought  to  the  superintendent  of  public  instruction. 

It  is  not  claimed  that  either  the  board  or  the  county  superintendent 
committed  errors  in  law  or  exceeded  their  jurisdiction.  Everything 
seems  to  have  been  done  fairly  and  openly,  and  a  final  decision  of  the 
case  is  asked  for  solely  on  the  ground  of  equity  and  justice.  Appellants 
claim  that  subdistrict  number  seven  has  a  good  school  of  thirty-four 
scholars,  and  that  by  the  proposed  change  three-fourths  of  these  will  be 
cut  off  from  school  privileges  in  consequence  of  their  distance  from  the 
proposed  site  of  the  new  school-house. 

But  it  is  shown  by  testimony  that  by  building  a  bridge  across  a  certain 
stream  the  distance  will  be  diminished,  so  that  all  parties  will  be  accom- 
modated. There  is  no  assurance  in  the  record  before  us  that  the  bridge 
will  be  built  this  year  or  next.  Meanwhile  a  large  number  of  children 
may  be  deprived  of  school.  As  a  general  rule  it  is  better  to  have  large 
subdistricts  with  good  school-houses  well  furnished,  than  to  have  small 
subdistricts  with  small  and  poorly  furnished  school-houses. 

We  believe  the  board  had  in  view  the  welfare  of  the  whole  district,  as 
did  also  the  county  superintendent  in  confirming  their  action,  but  we  can 
see  no  injustice  in  this  case  in  allowing  the  subdistricts  to  remain  another 
year  without  change,  or  until  the  proposed  bridge  is  built.  The  reason 
for  consolidating  the  subdistricts  now  will  probably  exist  then,  and  the 
occasion  for  complaint  will  then  be  removed. 

In  this  view  of  the  case  we  feel  compelled  to  reverse  the  decision  of 

the  county  superintendent. 

KEVERSED. 

OEAN  FAYILLE, 

March  1,  1865.  Superintendent  of  Public  Instruction. 


SCHOOL  LAW  DECISIONS. 


. 

SARAH  E.  SMITH  v.  DISTRICT  TOWNSHIP  OF  ALBION. 

Appeal  from  Howard  County. 

1.  TEACHEKS:  Eight  of,  to  inflict  punishment  upon  their  pupils.  A  school-master 
who  stands  in  loco  parentis  may,  in  proper  cases,  inflict  moderate  and  reason- 
able chastisement.  The  law  confides  to  teachers  a  discretionary  power  in  the 
infliction  of  punishment  upon  their  pupils,  and  will  not  hold  them  responsible 
criminally,  unless  the- punishment  be  such  as  to  occasion  permanent  injury  to 
the  child,  or  be  inflicted  merely  to  gratify  their  own  evil  passions. 

•"2.    • : .     The  teacher  is  responsible  for  the  discipline  of  his  school,  and 

for  the  progress  and  deportment  of  his  scholars.  It  is  his  imperative  duty  to 
maintain  good  order  and  require  of  all  a  faithful  performance  of  their  duties. 
If  he  fails  to  do  so  he  is  unfit  for  his  position.  To  enable  him  to  discharge 
these  duties  effectually,  he  must  necessarily  have  the  powrer  to  enforce  prompt 
obedience  to  his  requests.  For  this  reason  the  law  gives  him  the  power,  in 
proper  cases,  to  inflict  corporal  punishment  upon  refractory  scholars. 

The  record  in  this  case  shows  that  the  plaintiff,  Sarah  E.  Smith, 
•entered  into  a  contract  with  the  subdirector  of  subdistrict  number  two  in 
said  district  township,  to  teach  a  school  for  four  months,  commencing 
on  the  19th  of  December,  1864.  That  she  commenced  her  school 
accordingly  and  taught  until  the  30th  of  January,  1865.  That  on  the 
29th  of  January  she  was  notified  to  meet  the  board  to  answer  to  the 
•charge  of  undue  severity  in  chastising  one  of  her  pupils;  that  she 
attended  the  meeting  of  the  board  and  made  her  defense,  but  the  board 
decided  to  expel  her  from  her  school,  paying  her  for  the  time  she  had 
taught.  From  this  action  of  the  board  she  appealed  to  the  county 
superintendent,  who  reversed  the  order  of  the  board,  and  from  the 
decision  of  the  county  superintendent  an  appeal  is  brought  to  the  super- 
intendent of  public  instruction. 

It  is  claimed  on  the  part  of  the  board  that  the  county  superintendent 
had  no  jurisdiction,  and  that  he  erred  in  entertaining  the  appeal  and 
reversing  the  order  of  the  board;  but  having  gone  to  trial  before  the 
oounty  superintendent,  and  having  submitted  the  case,  after  making 
their  defense  they  cannot  now  plead  want  of  jurisdiction. 

The  testimony  shows  that  the  pupil,  a  boy  of  some  twelve  years  of  age, 
•did  not  like  the  seat  assigned  him  by  the  teacher,  and  asked  permission 
to  go  out,  which  was  given;  that  he  started  toward  home;  that  the 
teacher  called  to  him  to  come  back,  threatening  to  punish  him  if  he  dis- 
obeyed; that  he  went  home  and  remained  out  of  school  about  a  week; 
that  at  the  close  of  the  school  on  the  day  he  returned  the  teacher 
reminded  him  of  the  punishment  threatened,  and  proceeded  to  administer 


SCHOOL  LAW  DECISIONS.  15 

It,  striking  him  over  the  shoulders  and  back  with  a  whip  furnished  by 
one  of  the  pupils;  that  the  boy  resisted,  striking  back,  snatching  away 
the  whip  and  using  bad  language;  that  the  teacher  obtained  another 
whip,  a  willow  switch,  and  administered  several  strokes  with  it,  some  of 
which  were  across  his  head  and  face,  in  consequence  of  which  one  of  the 
boy's  eyes  was  apparently  injured.  An  older  brother  of  the  boy  then 
interfered,  and  the  "affray  ended". 

It  does  not  appear  that  the  teacher  punished  hastily  or  in  anger,  or 
that  it  would  have  been  too  severe,  or  improperly  administered,  had  the 
boy  not  resisted.  It  is  doubtful  whether  the  resistance  "justified  the 
teacher  in  striking  the  boy  across  the  head  and  thereby  causing  an  injury, 
fortunately  temporary,  to  one  of  his  eyes.  The  county  superintendent 
regarded  this  as  accidental,  and  as  no  permanent  injury  was  sustained, 
justified  the  teacher. 

Much  has  been  written  during  the  last  twenty-five  years  in  regard  to 
the  proper  means  to  be  used  for  maintaining  the  authority  of  the  teacher 
over  the  pupils.  We  can  remember  when  the  whip  was  applied  very 
frequently  and  very  severely,  when  the  pupil  obeyed  from  fear  of  pun- 
ishment, and  not  from  any  sense  of  duty  or  of  respect  for  authority. 
Since  that  time  there  has  been  a  great  change;  appeals  to  reason,  to  a 
sense  of  duty  and  to  right  have  been  successfully  used  by  the  most  com- 
petent teachers.  In  many  schools  the  rod  is  excluded,  and  yet  ready  and 
cheerful  obedience  is  secured  from  the  pupil.  We  wish  such  a  result 
nould  be  reached  in  all  the  schools;  that  the  teacher  could  inspire  the 
pupils  with  such  a  love  for  order,  for  good  government  and  for  rightful 
authority;  with  such  a  love  for  right  doing  and  such  a  hate  for  wrong 
doing,  that  it  would  only  be  necessary  to  point  out  the  path  of  duty  instead 
of  the  command  to  walk  in  it.  While  family  government  and  the  public 
sentiment  of  some  communities  may  render  such  a  course  possible,  the 
want  of  family  government  and  the  loose  reins  given  to  " Young  America" 
in  many  communities  require  strong  and  physical  force  to  hold  in  sub- 
jection unsubdued  nature. 

All  admit  that  the  teacher  must  maintain  authority,  and  for  that  pur 
pose  he  is  sustained  by  the  highest  authorities  in  inflicting  moderate 
punishment.  In  Kent's  Commentaries,  9th  edition,  volume  2,  page  222, 
is  the  following:  "A  school-master  who  stands  in  loco  par entis,  may  in 
proper  cases  inflict  moderate  and  reasonable  chastisement." 

In  Wharton's  American  Criminal  Law,  5th  edition,  volume  1,  page 
669,  is  the  following:  "The  law  confides  to  school-masters  and  teachers 
a  discretionary  power  in  the  infliction  of  punishment  upon  their  pupils, 
and  will  not  hold  them  responsible  criminally,  unless  the  punishment  be 
such  as  to  occasion  permanent  injury  to  the  child,  or  be  inflicted  merely 


16  SCHOOL  LAW  DECISIONS. 

to  gratify  their  own  evil  passions."  State  v.  Pendergrass,  2  Dev.  & 
Bat.,  407. 

"On  the  trial  of  an  indictment  of  a  school-master  for  an  assault  on  a. 
pupil  the  judge  refused  to  instruct  the  jury  that  the  defendant  was  crim- 
inally liable  for  punishing  a  pupil  only  when  he  acted  malo  animo,  from 
vindictive  feeling,  passion,  or  ill-will,  or  inflicted  more  punishment  than 
was  necessary  to  secure  obedience,  and  not  for  error  of  opinion  or  judg- 
ment, provided  he  was  governed  by  an  honest  purpose  to  promote 
discipline  and  the  highest  welfare  of  the  school,  and  the  best  interests  of 
the  child;  and  instructed  them  that  in  inflicting  corporal  punishment  a 
teacher  must  exercise  reasonable  judgment  and  discretion,  and  be  gov- 
erned as  to  the  mode  and  severity  of  the  punishment  by  the  nature  of 
the  offense,  the  age,  size,  and  apparent  powers  of  endurance  of  the 
pupil."  Commonwealth  v.  Randall,  4  Gray  (Mass.),  36. 

"If  there  is  any  reasonable  doubt  that  the  punishment  was  excessive 
the  master  should  have  the  benefit  of  it."  Lander  v.  Seaver,  32  Yt.  (3- 
Shaw),  114. 

We  add  the  following  as  having  some  bearing  on  this  case:  "Though 
a  school-master  has  in  general  no  right  to  punish  a  pupil  for  misconduct 
committed  after  the  dismissal  of  a  school  for 'the  day,  and  the  return  of 
the  pupil  to  his  home,  yet  he  may,  on  the  pupil's  return  to  school, 
punish  him  for  any  misbehavior,  though  committed  out  of  school,  which 
has  a  direct  and  immediate  tendency  to  injure  the  school  and  to  subvert 
the  master's  authority."  Lander  v.  Seaver,  supra. 

Many  other  authorities  might  be  cited  establishing  the  authority  of 
the  teacher  to  inflict  punishment  necessary  for  securing  obedience  to- 
reasonable  rules.  As  it  is  not  shown  in  this  case  that  the  rules  were 
unreasonable  or  the  punishment  severe  (the  teacher  must  have  the 
benefit  of  the  doubt  in  regard  to  the  manner  of  punishing),  the  decision 

of  the  county  superintendent  is 

AFFIRMED. 

ORAN  FAYILLE, 

April  22,  1865.  Superintendent  of  Public  Instruction*. 


SCHOOL  LAW  DECISIONS.  17 


MARIA    L.    DOUGHERTY   v.    L.    D.    TRACY,    COUNTY    SUPERINTENDENT. 
Appeal  from  Grundy  County. 

1.  REVOCATION  OF  TEACHER'S  CERTIFICATE.    The  order  of  a  county  superintend- 
ent revoking  a  certificate  will  not  be  interfered  with  on  appeal  unless  it  ap- 
pears that  he  acted  from  passion  or  prejudice. 

2.     .     Opinions  unsupported  by  facts  cannot  be  received  as  satisfactory  evi- 
dence of  prejudice. 

April  1,  1867,  L.  D.  Tracy,  superintendent  of  common  schools  for  the 
county  of  Grundy,  revoked  the  certificate  of  Maria  L.  Dougherty,  a 
teacher  of  said  county,  on  the  alleged  ground  of  incompetency  to  prop- 
erly govern  and  control  a  school.  A  notice  of  revocation  made  out  in 
proper  form,  was  duly  served  upon  the  secretaries  of  the  several  district 
townships.  The  plaintiff  appealed  to  the  superintendent  of  public  in- 
struction, who  by  circular  of  May  15,  1867,  directed  that  the  case  should 
be  heard  by  the  county  superintendent.  Such  hearing  took  place  June 
7,  1867-  During  the  examination  twenty- three  persons,  patrons  and 
pupils,  testified  to  the  good  order  of  the  school,  and  the  general  good 
character  and  reputation  of  the  plaintiff  as  a  teacher.  Fourteen  persons 
made  affidavit  that  they  believed  plaintiff's  certificate  was  revoked  from 
personal  prejudice. 

One  witness  called  by  the  defense  testified  that  the  school  was  not 
governed  as  well  as  it  might  have  been;  that  he  several  times  heard 
cursing  and  swearing  on  the  school  grounds  at  noon  and  recess.  Three 
persons  testified  that  they  did  not  believe  the  superintendent  revoked 
plaintiff's  certificate  from  prejudice  or  passion.  Nineteen  persons  certi- 
fied that  they  believed  Mr.  Tracy  to  be  a  competent  and  impartial  officer, 
and  free  from  any  malicious  administration. 

The  county  superintendent,  disregarding  the  weight  of  evidence  in 
regard  to  the  plaintiff's  qualifications,  affirmed  his  previous  decision 
revoking  plaintiff's  certificate,  and  certified  that  the  act  was  done  without 
prejudice  or  passion  toward  the  plaintiff,  and  that  he  was  impelled  to 
that  conviction,  which  was  the  result  of  personal  observation  and 
knowledge  that  plaintiff  was  incompetent  to  govern  a  school  properly. 
From  that  decision  the  plaintiff  appeals. 

§If  this  case  could  be  determined  by  the  weight  of  evidence  in  regard 
the  plaintiff's  ability  to  govern  a  school  properly  the  decision  would 
>  in  plaintiff's  favor.     But  there  are  other  elements  for  consideration. 
ie  county  superintendent  is  clothed  with  large  discretionary  powers. 

2 


18  SCHOOL  LAW  DECISIONS. 

So  great  has  this  discretion  been  regarded  that  it  has  been  held  by 
previous  incumbents  of  the  office  of  superintendent  of  public  instruction 
that  the  refusal  to  grant  a  teacher's  certificate  or  the  revocation  of  such 
certificate  by  a  county  superintendent  was  an  act  so  wholly  discretionary 
that  it  was  not  subject  to  revision.  The  circular  of  May  15,  1867, 
from  this  department,  maintaining  the  right  of  appeal  in  such  cases  was 
not  intended  to  curtail  the  discretionary  power  of  county  superintendents, 
but  to  point  out  a  way  in  which  its  abuse  might  be  corrected. 

In  the  absence  of  special  statutory  provisions  in  regard  to  the  manner 
of  hearing  appeals,  it  is  presumed  that  general  principles  are  applicable. 
It  may  not  be  amiss  at  this  time  to  enunciate  some  general  principles 
which  will  be  observed  in  the  adjudication  of  this  and  similar  cases. 

I.  The  discretion  of  a  county  superintendent  in  refusing  or  revoking 
a  teacher's  certificate  will  not  be  interfered  with  by  the  superintendent 
of  public  instruction  unless  it  is  clearly  shown  that  the  county  superin- 
tendent in  such  act  violated  the  law  in  letter  or  spirit,  or  was  influenced 
by  passion  or  prejudice.     This  position  is  believed  to  be  correct  in  the 
light  of  both  principle  and  public  policy.     The  general  rule  is,  uthe 
supreme  court  will  not  interfere  with  the  decisions  of  the  district  court  in 
cases  where   the   latter  has   a   discretionary  power,   unless  it  is  fully 
apparent  that  such  power  has  been  abused."    Numerous  cases  might  be 
cited  in  support  of  this  rule,  but  such  citations  are  deemed  unnecessary. 
The  county  superintendent  is  presumed  to  be  selected  from  among  his 
fellow  citizens  on  account  of  his  ability  to  exercise  a  sound  discretion  in 
the  discharge  of  the  important  duties  of  his  office.     He  is  bound  by  a 
solemn  oath  to  discharge  his  trusts  with  fidelity.     He  is  on  the  ground 
and  has  a  personal  knowledge  of  the  circumstances.     He  can  judge  of 
the  educational  requirements  of  hie  county  better  than  another  person 
scores  of  miles  distant.     In  his  examination  of  teachers  and  in  his  visits 
to  their  schools  he  can  judge  of  the  teacher's  comparative  and  actual 
merit  and  ability  better  than  those  who  have  less  extended  opportunities 
for  observation.     He  is  responsible  to  his  constituents  for  the  manner  in 
which  his  duties  are  performed.     His  official  acts  may  be  reviewed  and 
modified   or   annulled   by  the    superintendent    of    public    instruction. 
Frequent  interference   with   the   discretion   of  county   superintendents 
would  tend  to  bring  their   authority  into  contempt,   and  unsettle  the 
foundations  of  our  school  system.     While,  then,  the  right  to  review  an 
abuse*  of   discretion   is   reserved,  and   the   right   to  reverse  an  illegal 
decision  maintained,  the  discretion  of  county  superintendents  will  not  be 
interfered  with  unless  such  interference  is  necessary  to  secure  justice  or 
vindicate  law. 

II.  The  proof  of  the  violation  of  law,  or  of  the  influence  of  passion 
or  prejudice  in  the  performance  of  official  duty  must  be  clear  and  con- 


SCHOOL  LAW  DECISIONS.  19 

vincing.  Mere  opinion,  unsupported  by  facts,  is  insufficient  to  estab- 
lish the  allegation  of  passion  or  prejudice.  "As  a  general  rule,  wit- 
nesses, unless  experts,  should  state  facts,  not  opinions."  Whitmore  v. 
Bowman,  4  G.  Greene,  148.  '  'Except  when  given  by  experts,  evidence 
of  mere  opinion  is  not  competent,  unless  upon  some  controlling  ground 
of  necessity:  resulting  from  the  nature  of  the  inquiry."  Dalzell  v.  City 
of  Davenport,  12  Iowa,  437;  Danfwth,  Dennis  <£  Co.  v.  Carter  <&  May, 
4:  Iowa,  230.  In  the  light  of  these  principles,  which  are  believed  to  be 
correct  and  proper,  conclusions  may  be  readily  formed. 

The  rulings  of  the  county  superintendent  on  the  admission  of  evidence 
have  no  material  effect  on  the  final  decision  of  the  case,  hence  the 
exceptions  of  the  plaintiff  thereto  are  passed  over. 

The  revocation  of  a  teachers  certificate  is  adjudged  to  be  an  act  of 
discretion  on  the  part  of  the  county  superintendent,  which  will  not  be 
interfered  with,  without  satisfactory  proof  of  illegality  or  of  prejudice. 

In  this  case,  while  the  weight  of  testimony  is  favorable  to  plaintiff's 
qualification,  and  opinion  is  conflicting  in  regard  to  prejudice,  there  is 
not  a  single  fact  adduced  in  the  testimony  upon  which  the  theory  of 
prejudice  can  be  based.  On  the  other  hand  the  county  superintendent 
headed  a  subscription  to  pay  plaintiff's  board,  and  was  the  first  to  pay 
said  subscription.  During  the  term  he  told  the  subdirector  that  the 
plaintiff  must  be  sustained  in  her  government  of  the  school  at  all  hazards; 
and  these  facts  indicate  the  absence  of  prejudice.  The  mere  opinion  of 
witnesses,  unsupported  by  facts,  cannot  be  received  as  satisfactory  evi- 
dence of  prejudice. 

Some  embarrassment  is  experienced  in  this  case  from  the  circumstance 
that  the  plaintiff  belongs  to  that  gentler  sex  to  which  we  are  all  educated 
to  do  homage,  and  the  idea  is  largely  prevalent  that  they  are  not  amen- 
able to  law  in  an  equal  degree  with  the  opposite  sex;  but  having  a  high 
regard  for  the  rights  of  women,  we  dare  not  pervert  law  even  to  shield 
them  from  its  operation.  We  are  therefore  compelled  to  affirm  the 
decision  of  the  county  superintendent. 

AFFIRMED. 
D.  FKANKLIN  WELLS, 

October  1,  1867.  Superintendent  of  Public  Instruction^ 


20  SCHOOL  LAW  DECISIONS. 


BENJAMIN  SMITH  v.  DISTRICT  TOWNSHIP  OF  COFFIN'S  GROVE. 
Appeal  from  Delaware  County. 

1.  PROCEEDINGS.    In  the  absence  of  proof  to  the  contrary,  the  legal  presumption 
is  that  the  proceedings  before  the  county  superintendent  were  entirely  regular. 

2.  EXPLANATORY  NOTES  :    Force  of.    Notes  to  the  school  law,  while  proper  aids 
to  school  officers,  have  not  the  binding  force  of  law,  and  a  non-compliance  with 
them  is  not  necessarily  a  violation  of  law. 

On  the  petition  of  the  electors  of  subdistrict  number  one,  the  board 
located  the  site  of  a  proposed  new  school-house  "  just  east  of  the  burying 
ground,  on  the  right  hand  side  of  the  road,  adjoining  the  corner  of  Mr. 
Brook's  field."  From  this  action  plaintiff  appealed  to  the  county  super- 
intendent on  the  25th  of  March,  by  whom  the  case  was  heard  April  19, 
1867.  On  the  13th  of  June  the  county  superintendent  issued  an  order 
relocating  the  site  three-quarters  of  a  mile  further  south,  and  at  or  near 
the  center  of  the  subdistrict.  From  this  order  an  appeal  is  taken. 

The  appellants  claim  a  reversal  of  the  county  superintendent's  decision 
on  the  ground:  That  the  county  superintendent  had  no  jurisdiction  in 
the  matter;  that  the  county  superintendent  erred  in  not  taking  the 
depositions  of  witnesses  in  writing  and  having  the  same  signed  and 
sworn  to  by  the  witnesses;  that  the  county  superintendent  erred  in  not 
making  up  his  record  at  the  trial;  and,  on  the  merits  of  the  case. 

The  denial  of  the  county  superintendent's  jurisdiction  is  based  on  the 
fact  that  the  original  affidavit  does  not  state  that  the  appeal  was  taken 
within  thirty  days  of  the  action  of  the  board  complained  of,  and  refer- 
ence is  made  to  page  57  of  " explanatory  notes,"  in  which  it  is  stated 
that  this  fact  should  appear,  though  there  is  no  such  specific  require- 
ments in  "An  act  to  provide  for  appeals."  The  question  naturally 
arises  as  to  the  legal  force  of  these  ''explanatory  notes."  Have  they 
the  effect  of  statutory  provisions,  or  otherwise?  While  the  right  of 
every  tribunal  to  establish  rules  and  regulations  not  inconsistent  with 
law,,  must  be  admitted,  these  "explanatory  notes"  made  by  the  superin- 
tendent of  public  instruction  are  not  legal  enactments,  nor  "  rules  and 
regulations,"  and  so  far  from  being  mandatory  in  their  character  are 
merely  advisory  and  directory,  and  intended  for  the  assistance  and 
guidance  of  school  officers.  They  are  a  commentary  on  the  school  law; 
and  as  they  are  replete  with  good  common-sense  suggestions,  their 
observance  will  render  the  administration  of  the  school  law  more 
accurate  and  satisfactory;  but  a  non-compliance  with  them  is  not  neces- 
sarily a  violation  of  law. 


SCHOOL  LAW  DECISIONS.  21 

It  must  be  admitted  that  an  affidavit  which  does  not  state  the  date  of 
the  decision  or  act  complained  of  is  very  carelessly  drawn,  and  a  super- 
intendent might  be  justified  in  refusing  to  entertain  it;  but  if  it  be 
entertained,  it  is  still  competent  for  the  opposite  party  to  show  that  the 
thirty  days  allowed  by  law  had  expired  previous  to  the  filing -of -the 
affidavit,  and  thus  secure  the  dismissal  of  the  case.  The  law  gives  the 
superintendent  jurisdiction  within  thirty  days,  and  the  state  superintend- 
ent could  not  by  any  rule  or  regulation  annul  the  statutory  provisions. 
It  is  not  even  claimed  by  appellants  that  the  time  for  taking  appeal  had 
expired,  and  the  date  of  petitions  submitted  to  the  board  indicates  that  it 
had  not  expired.  In  the  absence  of  proof  to  the  contrary,  the  legal  pre- 
sumption is  that  the  proceedings  before  the  county  superintendent  were 
entirely  regular,  and  therefore  the  jurisdiction  of  the  superintendent 
must  be  sustained. 

The  second  and  third  errors  assigned  by  appellants  are  also  based  on 
''explanatory  notes"  instead  of  upon  the  law,  and  cannot  be  sustained 
for  reasons  previously  given.  While  there  were  things  in  the  manage- 
ment of  this  case  from  which  we  must  withhold  our  commendation;  as 
there  seems  to  have  been  a  substantial  compliance  with  the  law,  we  do 
not  feel  justified  in  dismissing  it  without  an  examination  of  its  merits. 

The  county  superintendent  gave  due  notice  of  the  hearing  in  writing 
to  all  the  electors  of  the  subdistrict.  On  the  day  of  hearing  several 
persons  appeared,  but  no  "evidence  on  either  side  was  offered,"  except 
the  original  affidavit  of  Benjamin  Smith.  The  record  of  the  county 
superintendent  goes  on  to  say:  "But  to  satisfy  myself  in  regard  to  the 
number  of  inhabitants  that  would  be  accommodated  best  by  the  site 
remaining  where  it  is  at  present  located  by  said  board,"  Nelson  Bly, 
James  McBride  and  Harry  Baker  were  sworn.  "Nelson  Bly  stated  that 
about  thirty  families  lived  in  said  sufrdistrict,  and  that  only  about  one- 
third  would  be  accommodated  by  the  site  remaining  where  it  is  at  present 
located  by  said  board.  James  McBride  corroborated  the  statements  made 
by  Nelson  Bly."  After  Henry  Baker  was  sworn  "so  much  confusion  and 
controversy  arose"  that  it  was  found  i  'almost  impossible  to  preserve  order, " 
and  the  superintendent  "proceeded  to  view  the  different  sites." 

Among  the  papers  sent  up  by  the  district  secretary  were  two  petitions 
to  the  board,  one  signed  by  fifteen  persons  asking  that  the  site  should 
be  located  "at  or  near  the  corner  of  Mr.  Brook's  field;"  the  other  signed 
by  twenty-three  persons,  asking  that  the  site  be  "established  as  near  as 
practicable  in  the  center  of  the  subdistrict." 

In  view  of  the  facts  before  us  we  cannot  do  otherwise  than  sustain  the 

county  superintendent,  whose  decision  is 

AFFIRMED. 

D.  FKANKLIN  WELLS, 

December  16,  1867.  ^Superintendent  of  Public  Instruction. 


22  SCHOOL  LAW  DECISIONS. 


JOSEPH  F.  EDWARDS  et  cd.  v.  DISTRICT  TOWNSHIP  OF  WEST  POINT. 
Appeal  from  Lee  County. 

1.  APPEAL.     The  right  of  appeal  is  not  limited  to  cases  of  personal  grievance, 

2.  DISCRETIONARY  ACTS.   The  county  superintendent  having  only  appellate  juris- 
diction, should  not  reverse  discretionary  acts  of  the  board,  without  explicit 
and  clearly  stated  proof  of  the  abuse  of  such  discretion,  even  though  not  fully 
approving  their  action. 

3.  SUBDISTRICT  BOUNDARIES:     Change  of.    The  acts  of  a  board  changing  sub- 
district  boundaries  and  locating  school-houses  are  so  far  discretionary  that 
they  should  be  affirmed  on  appeal,  unless  it  is  shown  that  there  has  been  an 
abuse  of  discretion. 

4.  .APPEAL  DECISION:    Essentials  of.    When  the  order  of  a  board  is  reversed,  the 

portions  of  the  testimony  relied  upon  should  be  pointed  out  and  clear  and 
convincing  reasons  should  be  given  in  support  of  the  conclusion  reached. 

September  16,  1867,  the  board  of  the  district  township  of  West  Point 
transferred  one  hundred  and  twenty  acres  of  land  belonging  to  one  Tim- 
othy Allen,  from  subdistrict  number  one  to  subdistrict  number  three. 
From  this  alteration  of  subdistrict  boundaries,  Joseph  F.  Edwards  et  aL 
appealed  to  the  county  superintendent,  by  whom  the  order  of  the  board 
was  reversed.  From  this  decision  of  the  county  superintendent  Tim- 
othy Allen  appeals. 

It  is  not  claimed  that  the  board  exceeded  their  powers  in  changing 
boundary  lines,  or  in  any  respect  violated  law.  While  equality  among 
the  several  subdistricts,  in  area,  population,  and  taxable  property,  is  in 
some  respects  desirable,  it  is  not  required  by  law,  and  in  fact  is  imprac- 
ticable. The  claim  in  the  argument  of  appellees  that  the  action  of  the 
board  was  necessarily  wrong,  because  it  had  the  effect  to  increase  the 
inequality  in  some  or  all  of  these  respects,  is  not  well  founded.  It  is  an 
element  which  should  receive  proper  consideration,  but  it  will  not  always 
exercise  a  controlling  influence. 

Mr.  Nourse,  in  his  argument  for  appellant,  claims  that  "no  right  of 
appeal  existed  in  the  plaintiffs  who  took  the  case  to  the  county  superin- 
tendent;" hence,  the  county  superintendent  was  without  jurisdiction. 
He  claims  that  to  entitle  a  person  to  the  right  of  appeal  the  grievance 
must  be  of  a  personal  character,  one  that  affects  the  rights  or  interests  of 
the  individual  as  distinguished  from  the  public.  In  support  of  this  view 
he  refers  to  the  following  decisions  by  our  supreme  court:  Humphrey  v. 
Ball,  4  G.  Greene,  204;  Myers  v.  Simms,  4  Iowa,  500;  McCune  v. 
Swafford,  5  Iowa,  552;  Lippencott  v.  Allander,  23  Iowa,  536.  In  all  of 


SCHOOL  LAW  DECISIONS.  23 

these  cases  it  is  held  that  there  is  no  appeal  from  the  county  court  or  the 
board  of  supervisors,  unless  the  grievance  is  of  a  personal  or  individual 
character  as  distinguished  from  the  public;  and  hence  by  analogy  it  is 
claimed  that  there  is  no  appeal  from  the  board  of  school  directors  unless 
the  grievance  is  of  a  like  character.  If  the  right  of  appeal  in  the  two 
cases  was  derived  from  the  same  statute,  the  decisions  cited  above  would 
be  conclusive.  But  these  decisions  are  based  upon  section  267,  Kevision 
of  1860,  in  which  the  right  of  appeal  is  limited  to  "any  matter  affecting 
the  rights  or  interests  of  individuals  as  distinguished  from  the  public,7' 
etc.;  while  appeals  to  county  superintendents  are  based  on  section  2133, 
Revision  of  1860,  which  provides  that  "any  person  aggrieved  by  any 
decision  or  order  of  the  district  board  of  directors  in  matter  of  law  or 
fact,"  may  appeal,  etc.  As  section  2133  does  not  limit  the  right  of 
appeal  in  cases  of  personal  grievance,  the  decisions  cited  have  no  appli- 
cation in  the  case  under  consideration. 

The  important  point  upon  which  the  issue  in  this  case  must  turn  remains 
to  be  stated.  The  meeting  at  which  the  change  of  subdistrict  boundaries 
was  made  was  attended  by  six  of  the  eight  members  of  the  board,  and 
after  a  full  discussion  of  the  proposed  change  and  an  examination  of 
plats  of  the  district,  the  change  was  made  by  unanimous  vote,  and  sub- 
sequently approved  by  one  of  the  absent  members.  The  remaining 
subdirector,  who  resides  in  the  subdistrict  from  which  the  territory  was 
taken,  opposes  the  change.  It  is  not  claimed  that  the  law  was  violated 
in  the  change,  but  only  that  the  educational  interests  of  the  district  were 
impaired. 

The  question  is  not  so  much  one  of  law  as  of  sound  judgment  and 
discretion.  The  change  was  approved  by  seven  of  the  eight  members 
of  the  board,  who  reside  in  different  parts  of  the  township,  six  of  whom 
at  least  are  absolutely  without  personal  interest  in  the  matter.  It  is 
opposed  by  one  whose  pecuniary  interests  are  contingently  adversely 
affected.  The  county  superintendent  opposes  his  judgment  to  the  judg- 
ment of  the  board.  What,  in  such  a  case,  is  the  duty  of  the  ultimate 
tribunal  ? 

The  superintendent  of  public  instruction  has,  as  in  duty  bound,  an 
earnest  desire  to  sustain  the  acts  and  decisions  of  county  superintendents.* 
The  legal  presumption  is  always  in  favor  of  the  correctness  of  official 
acts  and  decisions.  While  the  state  superintendent  applies  this  princi- 
ple to  county  superintendents,  it  is  equally  incumbent  upon  them  to 
apply  it  to  the  decisions  or  orders  of  district  boards  of  directors.  It  not 
unfrequently  happens  that  county  superintendents  decide  appeal  cases 
upon  their  own  judgment  and  discretion  as  if  they  had  original,  instead 
•of  appellate  jurisdiction;  and  fail  to  give  that  consideration  to  the  dis- 
cretion of  district  boards,  which  the  above  principle  requires. 


24:  SCHOOL  LAW  DECISIONS. 

The  law  prescribing  the  duties  of  boards  of  directors  is,  in  some  respects, 
mandatory,  requiring  that  certain  specific  duties  shall  be  performed  in  a 
particular  manner.  In  other  cases,  the  board  acts  as  a  local  legislature, 
and  its  action  as  discretion aty.  Among  these  discretionary  powers, 
though  not  including  all  of  them,  are  the  establishment  and  change  of 
subdistrict  boundaries,  and  the  location  of  school-houses.  It  has  been 
doubted  by  some  whether  an  appeal  to  the  county  superintendent,  from 
acts  of  the  board  wholly  discretionary,  would  lie.  While  the  right  of 
appeal  in  such  cases  is  maintained,  the  real  character  should  not  be  lost 
sight  of  ;  and  the  action  of  the  board  within  the  limits  of  the  law  should 
not  be  reversed  unless  it  is  evident  that  it  acted  with  passion,  prejudice, 
or  manifest  injustice.  It  is  a  general  principle  in  law  that  the  exercise 
of  discretionary  power  will  not  be  interfered  with  unless  it  is  fully  appa- 
rent that  such  power  has  been  abused.  For  further  remarks  on  discre- 
tionary power  and  the  manner  of  proving  its  abuse,  reference  is  made  to 
the  case  of  Dougherty  v.  Tracy,  county  superintendent. 

In  changing  the  subdistrict  boundaries,  and  locating  school-houses, 
the  law  gives  the  board  of  directors  original  jurisdiction,  and  as  it  is 
discretionary  power  the  action  of  the  board  should  be  affirmed  on  appeal, 
unless  it  is  fully  apparent  by  the  evidence  that  the  board  violated  law  or 
abused  its  discretion.  If  there  is  reasonable  doubt  the  board  is  entitled 
to  its  benefit.  The  action  of  the  board  may  not  be  wholly  approved  by  the 
judgment  of  the  county  superintendent,  but  if  it  be  not  illegal  or  clearly 
unjust  it  should  be  sustained.  When,  however,  county  superintendents 
feel  called  upon  to  reverse  decisions  of  school  boards,  they  should  give 
a  clear  and  explicit  statement  of  their  reasons  for  so  doing,  that  the 
superintendent  of  public  instruction  may  be  the  better  enabled  to  judge 
of  the  soundness  of  their  conclusions. 

These  general  remarks  have  been  made  with  a  view  to  guide  county 
superintendents  in  their  decisions,  as  well  as  to  indicate  some  of  the 
principles  which  will  be  observed  by  the  superintendent  of  public 
instruction  in  the  adjudication  of  similar  cases. 

In  the  particular  case  under  consideration,  the  board  of  directors,  with 
unusual  unanimity,  performed  a  discretionary  act.  It  is  not  claimed  that 
this  act  was  illegal  or  the  board  was  influenced  by  improper  motives. 
It  is  not  satisfactorily  proven  that  the  act  was  unjust.  In  our  opinion, 
the  evidence  does  not  sustain  the  county  superintendent  in  annulling  the 
order  of  the  board,  and  his  decision  is  therefore 

REVERSED. 
D.  FBANKLIN  WELLS, 

February  15,  1868.  Superintendent  of  Public  Instruction. 


SCHOOL  LAW  DECISIONS.  25 


• 


JAMES  C.  SMITH  v.  DISTRICT  TOWNSHIP  OF  MAQUOKETA. 
Appeal  from  Jackson  County. 

1.  TRIAL  OF  APPEAL.     Mere  technical  objections  should  not  prevent  the  fullest 
presentation  of  the  merits  of  the  case,  in  the  trial  of  an  appeal. 

2.  AFFIDAVIT.     The  affidavit  may  be  amended  when  such  action  is  not  prejudicial 
to  the  rights  of  any  party  interested. 

3.  COUNTY  SUPERINTENDENT.    May  upon  appeal  create  subdistrict. 

At  the  regular  semi-annual  meeting  of  the  board  of  the  district  township 
of  Maquoketa  in  September,  1867,  Jacob  Markle  and  twenty-seven  others 
presented  a  petition  asking  that  all  of  that  portion  of  subdistrict  number 
five  lying  south  of  the  Maquoketa  river,  be  set  off  into  a  separate  subdis- 
trict. The  prayer  of  the  petition  was  refused,  whereupon  James  C.  Smith, 
one  of  the  petitioners,  appealed  to  the  county  superintendent,  who  reversed 
the  action  of  the  board  and  created  a  new  subdistrict  south  of  the  river. 
From  this  decision  D.  F.  Farr  and  E.  H.  Patterson  appealed. 

The  evidence  discloses  the  following  facts:  Subdistrict  number  five  is 
divided  by  the  Maquoketa  river  into  two  nearly  equal  portions,  the 
school-house  being  situated  on  the  north  side  of  the  river.  Said  river  is 
a  navigable  stream,  the  only  means  of  crossing  it  being  the  ice  in  winter 
and  a  ferry  in  summer.  It  is  subject  to  freshets,  and  obstructions  from 
ice,  so  as  to  be  impassable  for  days  in  succession.  The  weight  of  evi- 
dence shows  the  river  to  be  such  an  obstruction  that  children  cannot, 
with  reasonable  facility,  enjoy  the  advantages  of  a  school  on  the  opposite 
side  from  that  on  which  they  reside.  That  this  difficulty  was  recognized 
by  the  board  is  evidenced  by  the  fact  that  an  appropriation  of  forty 
dollars  was  made  last  summer  to  support  a  school  in  that  part  of  the 
subdistrict  south  of  the  river.  Some  children  have  never  attended 
school  north  of  the  river,  because  their  parents  consider  the  crossing  of 
the  river  fraught  with  danger. 

The  appellant  assigns  three  errors:  The  insufficiency  of  the  affidavit 
of  J.  C.  Smith,  and  the  consequent  want  of  jurisdiction  by  the  county 
superintendent;  that  the  county  superintendent  permitted  said  affidavit 
to  be  amended  on  the  day  of  trial,  thus  admitting  its  insufficiency;  that 
the  county  superintendent  divided  said  subdistrict  number  five  into  two 
subdistricts. 

The  system  of  appeals  to  county  superintendents  was  inaugurated  to 
provide  a  speedy  and  inexpensive  method  of  adjusting  difficulties  aris- 
ing in  the  administration  of  school  laws.  From  the  fact  that  many  of 


26  SCHOOL  LAW  DECISIONS. 

the  cases  arising  are  prosecuted  by  the  parties  interested  without  the 
intervention  or  assistance  of  lawyers,  no  very  stringent  rules  of  practice 
have  been  adopted.  The  object  of  this  system  of  appeals  is  to  promote 
uniformity  in  the  operation  of  school  laws,  and  the  attainment  of  sub- 
stantial justice ;  and  this  object  should  not  be  defeated  by  technical 
objections. 

While  the  affidavit  of  said  Smith  was  not  as  full  as  it  is  customary  to 
make  such  papers,  it  yet  had  such  completeness  as  enabled  the  county 
superintendent  to  obtain  a  transcript  of  the  proceedings  of  the  board 
relating  to  the  alleged  grievance ;  and  the  ruling  of  the  county  superin- 
tendent on  the  first  two  points  is  sustained.  It  is  neither  intimated  nor 
believed  that  the  irregularities  complained  of  prejudiced  the  interests  of 
appellants. 

The  law  imposes  equal  burdens  upon  all  property  in  the  township  for 
contributions  to  the  teachers'  fund  and  the  contingent  fund,  and  it  con- 
templates that  all  the  youth  of  the  state  shall  enjoy  as  nearly  as  prac- 
ticable equal  educational  facilities.  The  county  superintendent,  by 
his  appellate  jurisdiction,  had  power  to  create  the  new  subdistrict.  As 
by  the  evidence,  the  youth  south  of  the  river  could  not  with  reasonable 
facility  enjoy  the  advantages  of  a  school  on  the  north  side,  the  county 
superintendent  was  justified  in  interfering  with  the  discretionary  powers 
of  the  board,  and  in  establishing  a  new  subdistrict  south  of  the  river. 

AFFIRMED. 
D.  FHANKLIN  WELLS, 

February  15,  1868.  Superintendent  of  Public  Instruction. 


SCHOOL  LAW  DECISIONS.  27 


S.  L.  CURRY  v.  DISTRICT  TOWNSHIP  OF  FRANKLIN. 
Appeal  from  Decatur  County.  • 

1.  COUNTY  SUPERINTENDENT.     Has  no  jurisdiction  of  an  appeal  until  an  affidavit 
is  filed. 

2.  AFFIDAVIT.    An  affidavit  is  a  statement  in  writing,  signed  and  made  upon 
oath  before  an  authorized  magistrate. 

3.  NOTICE.     The  county  superintendent  should  not  issue  notice  of  final  hearing 
until  both  the  affidavit  and  the  transcript  of  the  district  secretary  have  been 
filed  in  his  office. 

4.  TESTIMONY.     Unless  obviously  immaterial,  testimony  offered  should  be  admit- 
ted and  given  such  weight  as  it  merits. 

5.  DISCRETIONARY  ACTS.    May  be  reversed  on  appeal,  but  should  not  be  dis- 
turbed except  upon  evidence  of  unjust  exercise  or  abuse. 

December  16, 1867,  at  a  special  meeting  of  the  board,  a  vote  to  change 
the  boundaries  of  subdistricts  so  as  to  form  a  new  subdistrict  in  accord- 
ance with  the  prayer  of  petitioners,  resulted  in  a  tie.  From  this  virtual 
refusal  to  act,  S.  L.  Curry  appealed  to  the  county  superintendent,  who 
on  the  31st  of  the  same  month  formed  a  new  subdistrict.  Appellant 
alleges  in  his  affidavit  that  the  county  superintendent  assumed  jurisdic- 
tion of  this  case  without  warrant  of  law;  that  there  never  was  uat  any 
time  an  affidavit  or  any  other  statement  in  said  appeal  case  filed  in  the 
office"  of  the  county  superintendent;  hence  the  want  of  jurisdiction. 

The  "act  to  provide  for  appeals,"  section  two,  provides  that  "The  basis 
of  proceeding  shall  be  an  affidavit,  filed  by  the  party  aggrieved,  with  the 
county  superintendent,  within  the  time  allowed  for  taking  the  appeal." 
An  affidavit  is  a  statement  in  writing,  signed  and  made  upon  oath  before 
an  authorized  magistrate.  A  county  superintendent  can  have  no  proper 
jurisdiction  of  an  appeal  case  until  such  affidavit  has  been  filed.  A  notice 
of  intention  to  file  an  affidavit,  a  verbal  complaint,  or  a  petition,  is  not 
sufficient  to  give  the  county  superintendent  jurisdiction  in  appeal  cases. 
The  affidavit  setting  forth  "the  errors  complained  of  in  a  plain  and  concise 
manner,"  must  be  in  his  hands  before  he  is  justified  in  commencing  pro- 
ceedings. The  decision  of  the  superintendent  recites  that  the  affidavit 
was  filed  December  21,  which  might  be  taken  as  conclusive,  if  it  was  not 
contradicted  by  the  record.  The  transcript  shows  that  said  affidavit  was 
not  subscribed  and  sworn  to  until  December  28,  hence  we  do  not  clearly 
see  how  it  could  have  been  filed  on  the  21st. 

December  21,  four  days  before  the  affidavit  was  made,  and  which  appel- 
lant alleges  was  never  filed  with  the  superintendent,  said  superintendent 


28  SCHOOL  LAW  DECISIONS. 

gave  notice  to  the  parties  that  the  hearing  would  take  place  on  the  30th. 
This  proceeding,  as  an  appeal  case,  was  entirely  unauthorized  by  law;  and 
.as  he  commenced  proceedings  in  disregard  of  the  plain  provisions  of  law 
and  without  legal  jurisdiction,  his  decision  is  annulled.  It  may  be  said, 
and  not  without  authority,  that  as  both  parties  responded  to  the  notice, 
and  came  before  the  superintendent,  that  he  thereby  acquired  jurisdiction; 
but  we  feel  unwilling  to  sanction  disregard  of  law  by  approving  such 
great  irregularities. 

Without  touching  the  real  merits  of  the  question  at  issue,  the  forma- 
tion of  a  new  subdistrict,  which  we  are  willing  to  leave  to  the  local 
authorities,  we  refer  briefly  to  three  points  of  law  raised  by  appellants: 

The  county  superintendent  should  not  issue  notice  of  final  hearing 
until  both  the  affidavit  and  the  transcript  of  the  district  secretary  have 
been  filed  in  his  office. 

Though  the  change  of  subdistrict  boundaries  by  the  board  is  a  discre- 
tionary act,  it  may  be  reviewed  by  the  county  superintendent,  on  appeal; 
but  the  decision  of  the  board  should  not  be  disturbed  unless  said  discre- 
tionary power  has  been  abused  or  exercised  unjustly. 

The  county  superintendent  should  have  received  the  remonstrances 
offered  on  trial  in  evidence,  and  exercised  his  judgment  as  to  their  weight 
and  value. 

REVERSED. 
D.  FKANKLIN  WELLS, 

March  26,  1868.  /Superintendent  of  Public  Instruction. 


C.  S.  GORDON  v.  DISTRICT  TOWNSHIP  OF  BROWN. 
Appeal  from  Linn  County. 

.1.     DISTRICT  TOWNSHIP.     Should  not  ordinarily  contain  more  than  nine  sub- 
districts. 

2.  COUNTY  SUPERINTENDENT.    Should  not  reverse  an  action  of  the  board  which 
is  in  accordance  with  instructions  of  the  superintendent  of  public  instruction. 

3.  RECORDS.     The  official  record  is  its  own  best  evidence.     Testimony  intended 
to  contradict  the  record  should  not  be  admitted. 

4.  SUBDISTRICT:     Size  of.    There  are  very  many  serious  objections  to  the  forma- 
tion of  small  subdistricts. 

The  board  of  the  district  township  of  Brown,  at  a  meeting  held  Feb- 
ruary 8,  1868,  and  attended  by  all  of  the  members  of  the  board  except 
one,  voted  unanimously  to  redistrict  the  district  township,  and  to  relocate 
school-house  sites  in  accordance  with  a  decision  of  the  superintendent  of 


SCHOOL  LAW  DECISIONS.  29 

public  instruction,  rendered  January  28,  1868,  and  in  accordance  with  a 
plat  submitted.  From  the  action  of  the  board  in  this  matter  C.  S.  Gor- 
don appealed  to  the  superintendent,  by  whom  the  case  was  heard  March 
12,  1868,  and  whose  decision,  rendered  the  following  day,  reversed  the 
action  of  the  board  on  the  ground  of  alleged  non-compliance  with  the 
decision  of  the  superintendent  of  public  instruction,  as  rendered  on  the 
said  January  28,  1868,  in  Gordon  v.  District  TowmJiip  of  Brown. 

The  decision  of  the  superintendent  of  public  instruction  above  referred 
to,  was  provisory.  It  declared  that  if  the  board  should  promptly  make- 
certain  changes  therein  indicated,  that  the  decision  of  the  county  super- 
intendent, made  November  12,  1867,  forming  a  new  subdistrict,  should 
be  void;  otherwise,  in  full  force  and  effect.  It  required  that  school-house 
sites  should  be  selected  "at  or  near"  certain  points  named;  thus  giving" 
the  board  limited  discretion  in  their  location,  and  full  discretion  in  regard 
to  the  boundaries  of  subdistricts.  In  one  instance,  a  site  was  selected 
about  one-fourth  of  a  mile  from  the  point  indicated;  but  as  the  plat  showed 
that  it  was  at  the  crossing  of  two  roads,  and  that  it  was  nearer  the  center 
of  the  subdistrict  as  established  by  the  board,  this  variation  was  approved. 
The  other  sites  selected  by  the  board  did  not  vary  from  the  points  indicated 
in  the  decision.  The  changes  made  by  the  board  on  the  said  eighth  day 
of  February,  were  submitted  to  the  superintendent  of  public  instruction, 
who,  March  3,  gave  them  his  official  sanction  and  approval. 

Mr.  Gordon's  appeal  was  based  principally  upon  the  fact  that  one  of 
the  sites,  as  explained  above,  was  not  at  the  precise  point  indicated  by  the 
decision  of  the  superintendent  of  public  instruction;  and  hence,  as  the 
board  had  not  strictly  complied  with  the  proviso  of  said  decision,  the 
decision  of  the  county  superintendent,  made  November  12,  1867,  estab- 
lishing a  new  subdistrict,  was  in  full  force  and  effect,  and  should  have 
been  regarded  by  the  board. 

In  support  of  its  action  the  board  offered  in  evidence  the  official  ap- 
proval of  the  superintendent  of  public  instruction;  this,  however,  wa& 
ruled  out  by  the  county  superintendent,  on  the  alleged  ground  that  it  was 
"exparte  testimony"  obtained  by  one  party  after  the  inauguration  of  the 
appeal,  without  notice  to  the  other  party.  In  this  ruling  the  county  super- 
intendent erred.  The  decision  of  the  superintendent  of  public  instruction 
being  provisory,  it  was  competent  for  him  to  confirm  the  subsequent  action 
of  the  board  in  relation  thereto,  and  to  determine  whether  the  location  of 
sites  made  was,  under  the  circumstances,  a  sufficient  compliance  with  the 
decision.  The  phrase  "at  or  near"  implied  that  there  might  be  a  variation 
from  the  precise  point  named,  and  when  this  variation  was  officially  ap- 
proved, it  was  binding  upon  the  county  superintendent. 

The  provisory  decision  of  January  28,  permitted  the  board  to  exercise 
all  the  discretionary  power  in  redistricting  which  the  law  confers.  From 


30  SCHOOL  LAW  DECISIONS. 

their  exercise  of  this  power,  also,  the  plaintiff  appeals.  The  record  shows 
that  there  are  now  ten  sub  districts  in  Brown  district  township;  but  the 
plaintiff  wishes  another  formed  which  shall  contain  only  one  and  one-fourth 
sections.  In  our  opinion  there  are  serious  objections  to  the  formation  of 
small  subdistricts.  The  small  number  of  children  and  small  amount  of 
taxable  property  which  they  will  usually  contain,  will  insure  but  a  feeble 
support  for  the  schools.  Cheap  teachers,  short  terms  of  school,  and  poor 
schools  will  inevitably  result.  Not  every  man  can  have  a  public  school 
in  his  own  immediate  neighborhood.  It  is  better  that  children  should  go 
a  little  farther,  and  have  a  good  school  when  one  is  reached.  Except  in 
peculiar  circumstances,  we  doubt  whether  there  ever  ought  to  be  more 
than  nine  subdistricts  in  any  district  township  of  ordinary  size,  and  it 
might  be  better  to  have  only  six.  A  school  centrally  located  on  every 
four  or  six  sections  of  land,  would  afford  reasonable  facilities  to  all. 
Even  in  populous  districts,  it  would  be  better  to  increase  the  size  of  the 
schools  and  have  more  than  one  teacher  if  necessary  than  to  adopt  the 
disastrous  policy  of  subdivision. 

The  county  superintendent  in  his  lengthy  argument  in  support  of  his 
decision,  dwells  upon  some  slight  discrepancies  in  the  secretary's  tran- 
script. At  a  meeting  of  the  board  February  8,  it  appears  that  a  motion 
was  made  to  u  proceed  to  redistrict,"  etc.  One  transcript  says  this  motion 
carried,  the  other  omits  such  a  statement.  The  county  superintendent 
alleges  that  it  was  carried  uby  only  one  vote."  Whether  it  carried  or 
not  is  under  the  circumstances  entirely  immaterial;  as  a  motion  was  sub- 
sequently unanimously  adopted,  the  yeas  and  nays  being  called,  to 
adopt  a  certain  plat  on  which  the  changed  boundaries  of  the  subdistricts 
were  marked,  and  the  school-house  sites  indicated.  This  was  the 
important  vote  of  the  meeting,  and  in  regard  to  its  adoption  there  is  no 
question.  Even  admitting  that  one  man  did  not  vote  for  it  as  claimed, 
there  was  still  left  more  than  the  legally  required  number  of  votes.  But 
the  integrity  of  an  official  record  cannot  be  impeached  by  any  such  col- 
lateral proceeding.  It  was  error  to  admit  evidence  contradicting  the 
record. 

The  board  of  directors  had  full  discretionary  powers  in  the  matter  of 
redistricting  the  township  district,  and  the  manner  in  which  they  exer- 
cised this  power  was  a  proper  subject  of  review  by  the  county  superin- 
tendent on  appeal.  At  the  time  the  plaintiff's  affidavit  was  filed,  the 
county  superintendent  had  no  knowledge  that  the  acts  of  the  board  on 
said  8th  day  of  February  had  been  approved  by  the  superintendent  of 
public  instruction,  or  that  they  would  be  so  approved;  he  therefore  prop- 
erly assumed  jurisdiction  of  the  case.  When,  however,  the  action  of  the 
superintendent  of  public  instruction  became  known,  the  county  superin- 
tendent should  have  been  governed  by  it,  and  he  should  have  affirmed 
the  action  of  the  board  of  directors  or  dismissed  the  case. 


SCHOOL  LAW  DECISIONS.  31 

For  reasons  heretofore  given,  as  well  as  upon  the  real  merits  of  the 
case,  and  to  promote  the  educational  interests  of  the  district  township  at 
large,  the  decision  of  the  county  superintendent  is 

REVERSED. 

D.  FRANKLIN  WELLS,_ 
June  8,  1868.  Superintendent  of  Public  Instruction. 


ELIAS  SIPPLE  v.  DISTRICT  TOWNSHIP  OF  LESTER. 
Appeal  from  Black,  Hawk  County. 

1.  TESTIMONY.    At  the  hearing  of  an  appeal  before  the  county  superintendent  it 
is  competent  for  him,  upon  his  own  motion,  to  call  additional  witnesses  to  give 
testimony. 

2.  RECORDS.     In  the  absence  of  the  allegation  of  fraud,  testimony  to  contradict 
or  impeach  the  records  of  the  district  cannot  be  received. 

3.     .     The  board  may  at  any  time  amend  the  record  of  the  district,  when 

necessary  to  correct  mistakes  or  supply  omissions.     And  may  upon  proper 
showing  be  compelled  by  mandamus  to  make  such  corrections. 

At  the  regular  meeting  of  the  board  of  the  district  township  of  Lester, 
held  September  16, 1867,  which  was  attended  by  four  of  the  seven  mem- 
bers of  the  board,  motions  were  made  and  seconded  for  the  creation  of 
two  new  subdistricts  whose  boundaries  were  described  in  the  motions. 
In  regard  to  the  action  on  these  motions  the  record  of  the  secretary 
contains  merely  the  word  u  carried."  At  a  special  meeting  of  the  board 
held  February  15,  1868,  the  action  of  the  board  in  September  in  relation 
to  the  formation  of  new  subdistricts  was  ' ;  reconsidered  "  and  ' c  rescinded. " 
From  the  February  action  Elias  Sipple  appealed  to  the  county  superin- 
tendent. During  the  progress  of  the  hearing,  which  took  place  March 
20,  1868,  the  county  superintendent  called  upon  one  of  the  four  mem- 
bers of  the  board  that  attended  the  September  meeting,  who  testified 
that  he  did  not  vote  for  the  motion  to  create  a  new  subdistrict.  As  it 
thus  appeared  that  the  new  subdistricts  were  not  established  by  a  vote  of 
a  majority  of  all  the  members  of  the  board,  as  required  by  law,  and  as 
said  September  action  was  rescinded  at  a  full  meeting  of  the  board  in 
February,  the  county  superintendent,  considering  the  formation  of  the 
subdistricts  illegal  and  void,  dismissed  the  appeal.  From  this  decision 
Barney  Wheeler  appeals. 

Appellant  alleges  substantially  that  the  county  superintendent  erred  as 
follows:  In  himself  calling  a  witness  to  give  testimony;  in  receiving  tes- 
timony to  impeach  the  district  record,  which  is  claimed  to  be  valid  and 


32  SCHOOL  LAW  DECISIONS. 

binding  after  thirty  days;  in  dismissing  the  appeal;  in  not  establishing 
the  subdistricts. 

The  law  requires  the  county  superintendent  to  give  a  "just  and  equita- 
ble" decision,  and  as  the  calling  of  additional  witnesses  may  sometimes 
enable  him  to  discharge  this  duty  more  faithfully,  his  action  in  this  respect 
is  sustained. 

The  second  error  assigned  really  includes  two  distinct  points,  which 
will  be  considered  separately;  and  first,  in  regard  to  the  impeachment  of 
the  district  record.  The  law  provides  for  an  annual  meeting  of  the 
electors  of  the  district  township,  and  for  semi-annual  and  special  meet- 
ings of  the  board  of  directors;  also  that  "the  secretary  shall  record  all 
the  proceedings  of  the  board  and  district  meetings  in  separate  books 
kept  for  that  purpose."  It  is  a  general  principle  of  law  that  "oral  evi- 
dence cannot  be  substituted  for  any  instrument  which  the  law  requires 
to  be  in  writing,  such  as  records,  public  documents,"  etc.  1  Greenleaf's 
Evidence,  §  86.  "It  is  a  well  settled  rule  that,  where  the  law  requires 
the  evidence  of  a  transaction  to  be  in  writing,  oral  evidence  cannot  be 
substituted  for  that,  so  long  as  the  writing  exists  and  can  be  produced; 
and  this  rule  applies  as  well  to  the  transactions  of  public  bodies  and 
officers  as  to  those  of  individuals."  The  People  v.  Zeyst,  23  1ST.  Y.,  142. 
In  the  case  of  Taylor  v.  Henry,  2  Pick.,  397,  the  supreme  court  of 
Massachusetts  held  that  an  omission  in  the  records  of  a  town  meeting 
could  not  be  supplied  by  parol  evidence.  Chief  Justice  Shaw,  in  dis- 
cussing the  case,  said  that  it  would  be  "dangerous  to  admit  such  a 
proof."  Mr.  Starkie,  in  his  valuable  treatise  on  evidence  says:  "Where 
written  instruments  are  appointed  either  by  the  immediate  authority  of 
the  law  or  by  the  compact  of  the  parties,  to  be  the  permanent  reposi- 
tories and  testimony  of  truth,  it  is  a  matter  both  of  principle  and  of 
policy  to  exclude  any  inferior  evidence  from  being  used  either  as  a  sub- 
stitute for  such  instruments  or  to  contradict  or  alter  them;  of  principle, 
because  such  instruments  are,  in  their  own  nature  and  origin,  entitled  to 
a  much  higher  degree  of  credit  than  that  which  appertains  to  parol  evi- 
dence; of  policy,  because  it  would  be  attended  with  great  mischief  and 
inconvenience,  if  those  instruments  upon  which  men's  rights  depend 
were  liable  to  be  impeached  and  controverted  by  loose  collateral  evi- 
dence." Starkie,  part  IV,  page  995,  volume  III,  3d  Am.  Ed. 

The  reason  of  the  rule  upon  which  the  courts  a^ree  with  such  entire 
unanimity  applies  with  force  in  the  case  now  under  consideration.  The 
records  of  the  district  and  board  meetings  contain  a  statement  of  the 
regulations  adopted,  and  the  acts  done  in  the  exercise  of  the  powers  with 
which  the  respective  bodies  are  invested  by  the  law.  They  present  to  all 
the  citizens  of  the  district  township,  in  a  permanent  form,  certain  and 
definite  information  which  could  be  obtained,  with  equal  certainty,  in  no 


SCHOOL  LAW  DECISIONS.  33 

other  way.  Memory  is  defective,  but  the  secretary  records  the  trans- 
actions as  they  occur.  The  actors  change  from  year  to  year,  but  the 
record  is  permanent.  And  though  the  admission  of  oral  testimony  to 
alter  a  record  or  to  supply  an  omission  therein  might  sometimes  promote 
the  attainment  of  justice,  the  prevalence  of  such  a  practice  would  result 
in  more  evil  than  good.  It  is  held,  therefore,  that  in  the  absence  of 
alleged  fraud  the  county  superintendent  errs  in  admitting  parol  evidence 
to  contradict  or  impeach  the  record  of  the  September  meeting  of  the 
board. 

In  regard  to  the  other  part  of  the  second  point  a  few  words  will  suffice. 
The  counsel  for  appellant  urges  that  though  the  record  of  the  September 
meeting  was  imperfect,  the  lapse  of  thirty  days  made  the  record  valid 
and  binding  upon  the  district.  It  is  true  that  the  right  to  take  an  appeal 
to  the  county  superintendent  expires  after  thirty  days;  but  I  am  unable 
to  see  how  the  lapse  of  time  will  validate  what  was  before  invalid.  The 
secretary  is  the  proper  custodian  of  the  records  of  the  school  district, 
and  before  the  record  of  the  proceedings  of  the  board  has  been  approved 
or  adopted  by  the  board,  the  secretary  may  amend  them  by  supplying 
omissions,  or  otherwise  correcting  them.  After  they  have  been  approved 
they  may  be  amended  and  corrected  by  direction  of  the  board,  even 
after  the  lapse  of  thirty  days.  In  Massachusetts  a  town  clerk  is  per- 
mitted to  amend  the  record  in  order  to  supply  defects,  even  after  a  suit 
involving  a  question  respecting  them  has  been  commenced.  I  am  of 
the  opinion  that  if  the  secretary  or  board  of  directors  decline  to  make 
necessary  corrections  in  the  record,  that  a  party  interested  may  proceed 
by  mandamus  to  compel  the  correction.  If  the  record  is  to  be  impeached, 
it  must  be,  in  the  absence  of  fraud,  by  a  direct  proceeding  instituted  for 
that  purpose,  and  not  by  a  collateral  or  indirect  method.  The  People  v. 
Zeyst-iWN.  Y.,  147-8. 

The  district  record  in  this  case  is  not  as  full  as  it  might  with  propriety 
be.  The  law  provides  that  the  boundaries  of  subdistricts  shall  not  be 
changed  except  by  the  vote  of  a  majority  of  the  members  of  the  board. 
The  record  fails  to  show  that  this  requirement  of  the  law  was  complied 
with  at  the  September  meeting.  The  secretary  says  the  motion  to 
redistrict  "carried."  This  is  his  opinion,  but  he  fails  to  give  the  fact 
upon  which  it  is  based.  Four  of  the  seven  members  were  present,  but 
he  does  not  say  who,  or  how  many  voted  for  the  change.  Properly  this 
should  have  been  stated.  When,  however,  the  district  record  declares 
that  a  motion  was  "carried,"  the  law  will  presume  that  it  was  carried  in 
accordance  with  the  requirements  of  the  statute;  though  there  is  reason 
to  believe  that  the  presumption  in  this  instance  is  a  violent  one.  It 
follows  that  there  was  no  legal  evidence  that  the  subdistricts  were  not 
established  in  accordance  with  law;  hence,  the  conclusion  is  inevitable 


34:  SCHOOL  LAW  DECISIONS. 

that  the  county  superintendent  erred  ia  dismissing  the  appeal  for  the 
'cause  assigned. 

At  the  commencement  of  the  trial  and  again  during  its  progress,  the 
defendant  moved  the  county  superintendent  to  dismiss  the  case  on 
account  of  the  insufficiency  of  the  affidavit.  The  affidavit  of  Mr.  Sipple 
•is  not  as  full  as  it  is  usual  to  make  affidavits  in  such  cases,  yet  it  "set 
forth  the  errors  complained  of  "  with  such  plainness  and  conciseness  as 
-enabled  the  county  superintendent  to  obtain  the  necessary  transcripts, 
and  this  is  all  that  the  law  really  requires.  Revision,  I860,  §  2135.  It 
lias  not  been  customary  heretofore  to  enforce  any  particular  form  of 
affidavit,  and  the  county  superintendent's  ruling  refusing  to  dismiss  on 
•defendant's  motion  is  sustained. 

As  the  testimony  appears  not  to  have  been  all  in  when  the  case  was 
•dismissed  by  the  county  superintendent,  no  opinion  can  be  given  in 
regard  to  the  propriety  or  necessity  of  establishing  the  proposed  new 
subdistricts. 

The  case  is  therefore  returned  to  the  county  superintendent,  who  will 
proceed  with  the  hearing,  first  allowing  a  reasonable  time  for  the  cor- 
rection of  the  district  record  or  for  the  enforcement  of  its  correction 
jgkould  such  correction  be  deemed  necessary  by  either  of  the  interested 
parties.  Should  the  district  record  be  amended  so  as  to  show  conclusively 
ithat  the  said  subdistricts  were  not  legally  formed  at  the  said  meeting  in 
^September,  it  will  follow  that  the  said  subdistricts  never  had  a  legal 
•existence,  and  that  the  plaintiff  could  not  be  aggrieved  by  the  action  of 
*the  February  meeting,  hence  the  county  superintendent  will  determine 
fthe  case  in  favor  of  the  appellee.  Should  said  record  not  be  amended, 
•or  should  it  be  amended  so  as  to  show  clearly  that  said  subdistricts  were 
•established  in  all  respects  in  conformity  with  law,  the  question  of  estab- 
lishing the  new  subdistricts,  or  more  properly  retaining  their  organiza- 
tion, will  be  determined  upon  its  merits. 

REVERSED. 
I).  FRANKLIN  WELLS, 

July  23,  1868.  Superintendent  of  Public  Instruction. 


SCHOOL  LAW  DECISIONS.  35 


E.  J.  MINER  v.  DISTRICT  TOWNSHIP  OF  CEDAR. 
Appeal  from  Floyd  County. 

1.  CONTESTED  ELECTION:    Jurisdiction.    The  proper  method  of  determining  a 
contested  election  for  school  director  is  by  an  action  brought  in  the  district 
court. 

2.  ELECTION:    Evidence  of.    The  certificate  of  the  officers  of  the  annual  subdis- 
trict  meeting  is  the  legal  evidence  of  election  as  subdirector,  and  as  a  general 
rule  a  board  of  directors  is  justified  in  declining  to  recognize  a  person  as  a 
member  of  the  board  until  he  produces  such  certificate. 

3.  EVIDENCE.     Where  the  law  requires  the  evidence  of  a  transaction  to  be  in 
writing,  oral  evidence  can  be  substituted  for  it  only  when  the  writing  cannot 
be  produced. 

At  the  regular  meeting  of  the  board  of  the  district  township  of  Cedar, 
in  March,  1868,  E.  J.  Miner  appeared  and  tiled  his  oath  of  office  as  sub- 
director  of  subdistrict  number  three  of  said  district  township,  and 
claimed  recognition  as  a  member  of  the  board  from  said  subdistrict. 
The  said  Miner  failed  to  present  to  the  board  the  certificate  of  the  officers 
of  the  subdistrict  meeting,  or  any  other  evidence  of  his  election  except 
his  own  verbal  statement.  It  was  alleged  in  the  board  that  he  was  not 
legally  elected.  Under  these  circumstances,  the  board  refused  him  a 
seat  and  recognized  his  predecessor  as  holding  over.  From  this  order 
the  said  Miner  appealed  to  the  county  superintendent,  who,  after  a  full 
hearing  of  the  manner  in  which  the  election  was  conducted,  reversed  the 
order  of  the  board,  and  directed  that  the  said  Miner  should  be  recognized 
as  subdirector  of  subdistrict  number  three,  and  as  a  member  of  the 
board  of  directors.  From  this  decision  an  appeal  is  taken  by  A.  J. 
Sweet,  president  of  the  board.  The  above  are  but  a  small  portion  of 
the  facts  presented  in  the  well  arranged  transcript  of  the  county  super- 
intendent, but  yet  all  that  are  material  to  the  issues  involved. 

The  case  presented  by  these  facts  is  similar  to  that  of  Ockerman  v. 
District  Township  of  Hamilton,  page  77,  School  Law  Decisions  of  1868, 
and  must  be  governed  by  the  same  principles.  It  was  there  held  that 
the  only  proper  way  of  determining  a  contested  election  or  the  right  of 
exercising  any  public  office  or  franchise,  is  by  an  action  in  the  nature  of 
quo  warranto  brought  in  the  district  court.  It  seems  unnecessary  to 
repeat  the  arguments  there  used.  Reference  is  made  to  that  case  as 
well  as  to  the  19  Iowa,  199;  18  Iowa,  59;  16  Iowa,  369;  17  Iowa,  365; 
and  the  other  cases  there  cited.  The  principle  involved  in  the  preceding 
references  was  recognized  by  the  county  superintendent,  when  he  said 


36  SCHOOL  LAW  DECISIONS. 

in  his  decision  that  "the  board  of  directors  has  no  jurisdiction  to  inquire 
into  the  legality  of  the  election  of  its  members."  When  this  just  con- 
clusion was  reached,  the  case  should  have  been  dismissed,  for  the  county 
superintendent  can  do  on  appeal  only  what  the  board  itself  might  legally 
have  done. 

The  county  superintendent  held  that  as  the  president  of  the  subdistrict 
meeting  refused  to  sign  a  certificate  of  election  for  the  said  Miner,  that 
the  board  might  receive  other  evidence  of  his  election.  In  this  the  county 
superintendent  departed  from  well  established  legal  principles.  The 
school  law  provides  that  at  the  meeting  of  the  electors  of  the  subdistrict 
on  the  first  Monday  in  March,  "a  chairman  and  secretary  shall  be 
appointed,  who  shall  act  as  judges  of  the  election,  and  give  a  certifi- 
cate of  election  to  the  subdirector  elect."  It  is  a  well  settled  rule,  that 
where  the  law  requires  the  evidence  of  a  transaction  to  be  in  writing,  oral 
evidence  cannot  be  substituted  for  it  when  the  writing  can  be  produced; 
and  this  rule  applies  alike  to  the  transactions  of  public  bodies,  officers, 
and  individuals.  This  question  was  discussed  at  some  length  in  tne  case 
of  Sipple  v-  District  Township  of  Lester.  Some  of  the  references  made 
are:  1  Greenleaf's  Ev.,  §  86;  People  v.  Zeyst,  23  N.  Y.,  M2;  2  Pick.T 
397;  and  Starkie  on  Ev.,  Part  IV.,  p.  995,  volume  III,  3d  Am.  Ed. 

There  can  be  no  doubt  that  the  law  contemplates  that  the  certificate  of 
the  officers  of  the  subdistrict  meeting  shall  be  the  legal  passport  to  a 
seat  in  the  board,  and  that,  as  a  general  rule,  a  board  of  directors  is  jus- 
tified in  declining  to  recognize  a  person  as  a  member  of  the  board  until 
such  certificate  is  produced.  If  the  certificate  has  been  given  and  lost, 
the  accident  may  be  remedied  by  other  testimony.  If  it  has  been  ille- 
gally withheld  the  officer  may  be  coerced  by  mandamus  to  furnish  it.  If 
it  has  been  fraudulently  given,  the  law  still  provides  a  remedy. 

By  the  light  of  the  previous  principles,  it  is  evident  that  when,  under 
the  circumstances,  the  county  superintendent  proceeded  to  investigate 
the  rights  of  the  plaintiff  as  a  school  director,  he  exceeded  his  jurisdic- 
tion, and  that  his  decision  must  therefore  be  overruled.  The  law  requires 
that  the  plaintiff,  Miner,  shall  seek  his  remedy  in  the  courts.  The  decis- 
ion of  the  county  superintendent  is  therefore  reversed  and  the  case  dis- 
missed. 

REVERSED. 
D.  FRANKLIN  WELLS, 

July  29,  1868.  Superintendent  of  Public  Instruction. 


SCHOOL  LAW  DECISIONS.  37 


CHILES  MOORMAN  v.   DISTRICT  TOWNSHIP  OF  BELMONT. 
Appeal  from  Warren  County. 

1.  SCHOOL-HOUSE:    Removal  of .    A  vote  of  the  electors  of  a  subdistrict  to  remove 
a  school-house  will  not  compel  the  board  to  act  affirmatively  in  relation  thereto. 

2.  JURISDICTION.     An  application  for  an  appeal  filed  within  thirty  days  from  the 
act  of  the  board  complained  of  will  not  give  the  county  superintendent  juris- 
diction of  the  case.     The  appeal  must  be  taken  by  affidavit. 

This  appeal  was  taken  to  the  county  superintendent  to  secure  the 
removal  of  the  school-house  in  subdistrict  number  eight,  of  this  district 
township.  At  the  subdistrict  meeting  in  March,  1868,  the  electors  voted 
by  a  large  majority  that  the  removal  should  be  made.  At  the  semi- 
annual meeting  of  the  board  held  March  16, 1868,  a  motion  to  remove  the 
school-house  in  accordance  with  the  vote  of  the  subdistrict  was  lost;  and 
from  this  action  of  the  board  the  plaintiff,  by  affidavit,  filed  with  the 
county  superintendent  May  9,  1868,  took  an  appeal.  Previous  to  this, 
that  is  on  the  28th  of  March,  the  plaintiff  had  filed  with  the  county 
superintendent  an  "application  for  an  appeal."  The  county  superin- 
tendent assumed  jurisdiction  in  the  case,  and  after  a  full  hearing  reversed 
the  decision  of  the  board  and  ordered  the  removal  of  the  house.  To  this 
decision  the  appellant  takes  exception. 

The  power  to  locate  the  site  for  a  school-house  is  vested  in  the  board 
of  directors,  and  the  power  to  "fix  the  site  "  carries  with  it  the  power  to 
relocate  the  site.  Vance  v.  District  Township  of  Wilton,  23  Iowa,  408. 
Hence  the  vote  of  the  subdistrict  electors  must  be  considered  as  advisory 
rather  than  mandatory. 

Exception  was  taken  to  the  action  of  the  county  superintendent  on  the 
ground  mat  the  appeal  was  not  taken  within  the  thirty  days  required  by 
law,  and  the  record  shows  that  nearly  two  months  had  elapsed  before 
the  filing  of  the  affidavit,  which  by  law  is  made  the  basis  of  appeal.  It 
has  been  decided  in  previous  cases  that  the  right  of  appeal  can  be  enjoyed 
only  within  thirty  days  of  the  rendition  of  the  decision  complained  of, 
and  that  the  appeal  can  be  instituted  only  by  filing  an  affidavit  with  the 
superintendent.  Curry  v.  District  Township  of  Franklin.  Following 
the  line  of  these  decisions  we  are  compelled  to  hold  that  the  county  super- 
intendent had  no  proper  jurisdiction  of  this  case,  and  that  his  action 
thereon  is  void. 

If  it  is  suggested  that  an  "  application  for  an  appeal "  was  made  before 
the  expiration  of  thirty  days  from  the  board's  decision,  it  must  be  replied 


38  SCHOOL  LAW  DECISIONS. 

that  the  law  recognizes  no  such  step  in  the  proceedings.  The  law  dis- 
tinctly provides  that  the  basis  of  appeal  shall  be  "an  affidavit,  filed  by 
the  party  aggrieved  with  the  county  superintendent  within  the  time 
allowed  for  taking  the  appeal."  The  application  for  an  appeal  is  all 
very  well,  provided  the  affidavit  itself  is  filed  within  the  time  allowed  by 
law;  but  the  filing  of  the  "application  for  an  appeal"  is  an  entirely 
superfluous  and  unnecessary  proceeding. 

As  the  case  was  "not  properly  before  the  county  superintendent  we  are 
compelled  to  set  aside  his  decision,  and  leave  the  removal  of  the  school- 
house  to  the  discretion  of  the  board. 

REVERSED. 
D.  FRANKLIN  WELLS, 

September  11,  1868.  Superintendent  of  Public  Instruction- 


Z.  W.  REMINGTON  v.  DISTRICT  TOWNSHIP  OF  BOOMER. 
Appeal  from  Pottawattamie  County. 

1.  JURISDICTION.    The  county  superintendent  does  not  have  jurisdiction  of  cases 
involving  a  money  demand. 

2.  SCHOOL  ORDERS.    When  improperly  issued  by  the  board,  the  proper  remedy 
is  an  injunction  from  the  civil  courts. 

The  case  presented  by  the  record  is  this:  On  the  12th  day  of  October, 
the  board  of  Boomer  district  township  met  in  special  session  and  made  a 
settlement  with  one  L.  S.  Axtell,  who  was  the  contractor  for  the  erection 
of  certain  school-houses  in  said  district  township.  From  the  action  of 
the  board,  Z.  W.  Remington  appealed  to  the  county  superintendent. 
The  superintendent  dismissed  the  appeal  upon  the  ground  that  the  settle- 
ment with  Axtell  was  for  a  money  demand,  and  therefore  involved  a 
question  over  which  he  could  exercise  no  jurisdiction.  Remington 
again  appeals. 

If  there  was  anything  wrong  in  the  action  of  the  board  issuing  orders 
in  favor  of  Axtell  for  the  payment  of  his  claim  for  building  the  school- 
houses  that  would  render  them  invalid,  plaintiffs  remedy,  if  any,  would 
have  been  by  injunction  to  restrain  the  payment  of  such  orders,  or  by 
some  other  proper  action  in  the  civil  courts,  and  not  by  appeal  to  the 
county  superintendent,  as  the  latter  tribunal  is  not  clothed  by  the  statute 
with  authority  to  inquire  into  or  determine  the  validity  of  school  orders. 
The  county  superintendent,  therefore,  very  properly  decided  to  dismiss 
the  appeal,  and  his  order  in  the  case  is  hereby 

AFFIRMED-. 
A.  S.  KISSELL, 

May  17,  1870.  Superintendent  of  Public  Instruction. 


SCHOOL  LAW  DECISIONS. 


W.  D.  PECK  et  al.  v.  DISTRICT  TOWNSHIP  OF  POLK. 

Appeal  from  Jefferson  County. 

1.  SUBDISTKICTS.    Should  be,  if  possible  compact  and  regular  in  form.    In  wellt 
populated  district  townships,  two  miles  square  is  considered  a  desirable  area 
for  each  subdistrict. 

2.  SCHOOL-HOUSE  SITE.     It  is  important  that  a  school-house  site  be  located  on. 
a  public  road,  and  as  near  the  center  of  the  subdistrict  as  practicable. 

It  appears  from  the  transcript  in  this  case  that  the  board,  on  the  pres- 
entation of  a  petition  from  the  majority  of  the  inhabitants  of  subdistrict 
number  eight,  of  said  district  township,  issued  an  order  attaching  a  strip 
on  the  northeast  from  subdistrict  number  seven  to  number  eight,  relo- 
cating the  school-house  site,  and  arranging  for  the  removal  of  the  school- 
house  from  the  present  site  to  said  new  location.  From  this  action  of 
the  board  an  appeal  was  taken  to  the  county  superintendent,  who  sus- 
tained the  action  of  the  board,  and  from  his  decision  an  appeal  is  taken 
to  this  tribunal. 

The  trial  before  the  county  superintendent  developed  that  the  board 
have  in  contemplation  the  redistricting  of  the  entire  township  into  sub- 
districts  two  miles  square,  and  that  the  order  providing  for  the  change 
of  boundaries  in  subdistrict  number  eight,  is  the  initiatory  step  in  that 
direction.  The  subdistrict  in  question,  previous  to  their  order  had  very 
irregular  boundaries;  and  except  that  the  district  is  too  large  for  conven- 
ience without  further  change  in  the  boundaries,  there  would  seem  to  be 
every  reason  for  attaching  the  strip  from  number  seven.  That  being- 
attached,  the  change  of  location  and  the  removal  of  the  school-house  to 
a  site  occupying  the  geographical  center  of  the  subdistrict  with  its 
changed  boundaries,  must  follow,  of  course.  Besides  this,  there  seems 
to  be  the  additional  good  reason  for  the  change  of  location  for  the  school- 
house  site;  the  present  site  is  not  on  a  public  road;  the  one  in  prospect 
is,  and  as  all  the  territory  is  in  a  condition  to  be  easily  and  rapidly  set- 
tled, the  new  site  will,  with  the  additional  change  in  contemplation,  be 
the  exact  geographical  center  of  the  subdistrict. 

The  action  of  the  board  in  this  case  is  manifestly  of  a  discretionary 
character,  and  I  can  see  nothing  in  the  testimony  that  would  induce  the 
belief  that  they  have  in  any  way  exceeded  their  prerogative,  or  abused 
their  discretion.  The  decision  of  the  county  superintendent  is  therefore 

AFFIRMED. 
A.  S.  KISSELL, 

February  4,  1871.  Superintendent  of  Public  Instruction. 


40  SCHOOL  LAW  DECISIONS. 


W.  P.  DAVIS  v.  DISTRICT  TOWNSHIP  OF  MADISON. 
Appeal  from  Fremont  County. 

1.  CONTRACTS.    All  contracts  require  the  approval  of  the  board. 

2.  SCHOOL  FUNDS:  Disbursement  of.    The  treasurer  is  the  proper  custodian  of  all 
funds,  and  can  legally  pay  them  out  only  upon  orders  specifying  the  fund  upon 
which  they  are  drawn  and  the  specific  use  to  which  they  are  applied. 

3.  SUBDIRECTOR.    The  subdirector  may  expend  money  in  his  subdistrict  only  in 
the  manner  authorized  by  the  board. 

4.  CLAIMS.    Just  claims  against  the  district  can  be  enforced  only  in  the  courts  of 
law. 

5.  SUBDISTRICT.    A  subdistrict  is  not  a  corporate  body,  and  has  no  control  of  any 
public  fund. 

The  electors  of  the  district  township  of  Madison,  on  the  eleventh  day 
of  March,  1871,  voted  a  tax  of  two  and  one-half  mills  on  the  taxable 
property  of  the  district  township  for  school-house  purposes,  and  directed 
that  three  hundred  dollars  of  the  amount  thus  raised  should  be  used  for 
the  erection  of  a  school-house  in  subdistrict  number  nine. 

March  20,  1871,  W.  P.  Davis,  subdirector  of  subdistrict  number  nine, 
was  appointed  a  committee  to  build  a  school-house  in  said  subdistrict. 
The  house  having  been  completed,  at  a  special  meeting  of  the  board 
held  June  1,  1872,  it  was  moved  that  the  report  of  the  committee  be 
received,  and  the  school-house  be  accepted;  also  that  the  secretary  be 
instructed  to  draw  an  order  on  the  treasurer  for  three  hundred  dollars, 
for  subdistrict  number  nine.  Both  motions  were  lost,  from  which  action 
the  said  W.  P.  Davis  appealed  to  the  county  superintendent,  who  on  the 
•9th  day  of  August,  1872,  reversed  the  action  of  the  board.  The  district 
township,  through  its  president,  W.  H.  Gandy,  appeals. 

The  history  of  this  case  very  fully  illustrates  the  loose  and  irregular 
manner  in  which  school  officers  too  frequently  transact  official  business. 
Section  15  of  the  School  Laws  provides  that  the  board  of  directors 
4 'shall  make  all  contracts,  purchases,  payments,  and  sales  necessary  to 
-carry  out  any  vote  of  the  district,  but  before  erecting  any  school-house 
they  shall  consult  with  the  county  superintendent  as  to  the  most 
approved  plan  of  such  building." 

If  the  contract  is  made  by  a  subdirector  or  committee  of  the  board,  it 
should  in  all  cases  be  approved  by  the  board  before  work  is  commenced. 

A  misapprehension  often  exists  as  to  the  manner  in  which  school  funds 
should  be  disbursed.  The  treasurer  is  the  proper  custodian  of  all  funds 
belonging  to  the  district  township,  and  the  law  provides  that  he  "shall 
pay  no  order  which  does  not  specify  the  fund  on  which  it  is  drawn,  and  the 


SCHOOL  LAW  DECISIONS.  41 

specific  use  to  which  it  is  applied,"  that  is,  for  work  done,  material  fur- 
nished, or  the  like. 

The  board  are  also  required  to  "audit  and  allow  all  just  claims  against 
the  district,  and  no  order  shall  be  drawn  on  the  district  treasury  until  the 
claim  for  which  it  is  drawn  has  been  so  audited  and  allowed. "  This  rule 
applies  equally  where  funds  are  voted  by  the  district  township  for  the 
purpose  of  building  school-houses  in  particular  subdistricts,  also  where 
taxes  have  been  raised  on  the  property  of  subdistricts  in  accordance  with 
the  proviso  of  section  twenty-eight.  Such  funds,  or  so  much  of  them  as 
may  be  required  to  carry  out  the  vote  of  the  electors,  should  be  devoted 
to  the  specific  object  for  which  they  were  voted,  but  the  disbursement 
should  in  all  cases  be  under  the-  direction  and  authority  of  the  board. 
Boards  have  no  authority  to  give  subdirectors  money  to  use  in  their  sub- 
districts  for  building  school-houses  or  any  other  purpose,  nor  subdirectors 
to  use  money  so  received.  A  subdistrict  is  not  a  corporate  body  and  has 
no  control  of  any  public  fund. 

If  Mr.  Davis  has  a  just  claim  against  the  district  township  of  Madison 
which  the  board  refuse  to  allow,  or  if  the  board  refuse  to  apply  the 
amount  voted  by  the  electors  to  the  specific  object  for  which  it  was  de- 
signed, viz.,  the  erection  of  a  school-house  in  subdistrict  number  nine, 
the  civil  courts  only  can  furnish  a  means  of  redress. 

REVERSED  . 
ALONZO  ABERNETHY, 

October  30,  1872.  Superintendent  of  Public  Instruction. 


J.  D.  CALDWELL  v.  STEPHEN  PEEBLES,  COUNTY  SUPERINTENDENT. 
Appeal  from  Mills  County. 

1.  REVOCATION  OF  TEACHER'S  CERTIFICATE.   A  teacher's  certificate  can  be  legally 
revoked  only  upon  proof  of  charges  of  which  he  has  had  personal  notice,  and 
against  which  he  has  had  the  opportunity  to  make  his  defense. 

2.  • .    A  person  addicted  to  the  use  of  intoxicating  liquors  who  even  occa- 
sionally becomes  intoxicated  is  not  likely  to  promote  correct  moral  teaching  in 
the  public  schools  by  his  example,  nor  to  possess  such  moral  character  as  to 
entitle  him  to  a  teacher's  certificate. 

Complaint  having  been  made  to  the  county  superintendent  that  J.  D. 
Caldwell,  a  teacher,  was  addicted  to  the  use  of  intoxicating  liquors,  an 
examination  of  the  charges  was  made  May  10,  1873,  as  provided  by  law, 
the  result  of  which  was  the  revocation  of  Mr.  Caldwell's  certificate.  Mr. 
Caldwell  appeals. 


42  SCHOOL  LAW  DECISIONS. 

We  need  not  comment  upon  the  testimony  in  the  trial,  since  the 
county  superintendent  admits  that  the  specifications  contained  in  the 
complaint  were  not  sustained.  Facts,  however,  were  developed  inci- 
dentally, in  the  examination  of  witnesses,  apart  from  the  direct  issues 
involved,  to  satisfy  the  county  superintendent  that  the  defendant  does 
not  possess  a  good  moral  character,  and  we  are  not  sure  but  his  con- 
clusions are  properly  deducible  from  the  evidence. 

The  law,  however,  providing  for  the  revocation  of  certificates,  requires 
that  it  shall  only  be  "after  an  investigation  of  facts  in  the  case,  of  which 
investigation  the  teacher  shall  have  personal  notice,  and  he  shall  be 
permitted  to  be  present  and  make  his  defense."  In  this  instance,  certain 
charges  were  preferred  in  an  information,  of  which  the  teacher  had  due 
notice,  and,  as  it  appears,  successfully  defended  himself  against  the 
charges  made,  and  there  rested  his  case. 

It  is,  perhaps,  doubtful  if  the  superintendent  has  the  authority  to 
revoke  a  certificate  upon  evidence  incidentally  developed  in  the  trial, 
however  damaging  in  its  nature,  the  substance  of  which  was  not  con- 
tained in  the  original  notice,  and  against  which  no  defense  was  attempted. 

We  fully  agree  with  the  superintendent,  that  a  person  addicted  to  the 
use  of  intoxicating  liquors,  who  even  occasionally  becomes  intoxicated, 
and  who  is  in  the  habit  of  visiting  disreputable  beer  saloons,  does  not 
possess  that  degree  of  moral  character  to  entitle  him  to  a  teacher's  cer- 
tificate under  our  statute.  We  cannot  too  highly  commend  the  efforts 
of  county  superintendents  to  promote  correct  moral  teaching  in  the 
public  schools  through  the  example  of  the  teacher. 

Disqualifications  of  this  nature  should  be  fully  proved  and  in  the  man- 
ner prescribed  by  law;  and  we  reluctantly  set  aside  this  decision,  believ- 
ing that  the  superintendent  was  actuated  by  worthy  motives,  and  did  the 
act  solely  with  a  view  to  promote  the  good  of  the  schools,  and  in  the 

conscientious  discharge  of  a  public  duty. 

REVERSED. 

ALONZO  ABERNETHY, 
May  31,1873.  Superintendent  of  Public  Instruction. 


SCHOOL  LAW  DECISIONS. 


W.  J.  MOODY  v.  H.  H.  BURRINGTON,  COUNTY  SUPERINTENDENT. 
Appeal  from  Eremer   County. 

1.  REVOCATION  OF  TEACHER'S  CERTIFICATE.    The  county  superintendent  rnay 
refuse  to  entertain  a  petition  for  the  revocation  of  a  teacher's  certificate. 

2.  APPEAL.    An  appeal  may  be  taken  from  the  refusal  of  the  county  superin- 
tendent to  investigate  charges  brought  against  a  teacher. 

A  petition  containing  charges  against  a  teacher  was  presented  to- 
ll. H.  Burrington,  county  superintendent,  asking  an  investigation  of  the 
charges,  and  the  revocation  of  her  certificate.  The  county  superintend- 
ent refused  to  make  the  investigation  as  requested  by  the  petitioners 
and  from  this  action  W.  J.  Moody  appeals. 

The  question  whether  an  appeal  will  lie  from  the  refusal  of  the  county 
superintendent  to  investigate  charges  brought  against  a  teacher,  has  not 
been  to  our  knowledge  before  determined.  Since  it  is  held  that  ar* 
appeal  may  be  taken  from  an  action  of  the  board  refusing  to  perform  a 
discretionary  action,  we  see  no  reason  why  an  appeal  will  not  lie  from 
an  act  of  the  county  superintendent  of  like  nature. 

In  the  case  before  us,  statements  testifying  to  the  moral  character  and 
good  reputation  of  the  teacher  are  made  by  reliable  and  disinterested 
parties,  who  have  been  intimately  acquainted  with  her  for  several  years- 
past;  and  it  is  believed  that,  in  no  instance,  is  the  judgment  and  discre- 
tion of  a  local  tribunal  entitled  to  more  consideration  than  in  this  case. 

AFFIRMED. 
ALONZO  ABERNETHY, 

July  10,  1873.  Superintendent  of  Public  Instruction* 


J.  W.  RANDALL  v.  DISTRICT  TOWNSHIP  OF  VIENNA. 
Appeal  from  Marshall  County. 

1.  SCHOOL-HOUSE:    Removal  of.    The  board  may  legally  remove  a  school-house 
from  one  subdistrict  to  another  only  by  vote  of  the  electors. 

2.     :  .     When  the  electors  have  voted  to  remove  a  school-house  from 

one  subdistrict  to  another  the  board  must  execute  such  vote,  if  in  accordance 
with  law;  from  their  action  in  so  doing  no  appeal  can  be  taken. 

At  the  district  township  meeting  held  on  the  second  Monday  in  March, 
1873,  it  was  voted  to  remove  the  school-house  situated  in  subdistrict  num- 
ber four,  into  subdistrict  number  three.  On  the  seventeenth  day  of 


44:  SCHOOL  LAW  DECISIONS. 

March  the  board  ordered  the  removal  of  the  school-house,  in  accordance 
with  said  vote  of  the  electors.  From  this  action  appeal  was  taken  to  the 
county  superintendent,  who  reversed  the  action  of  the  board.  The 
district  township,  through  its  president,  appeals. 

Section  seven,  School  Laws  of  1872,  provides  that  the  electors  shall 
have  the  power  uto  direct  the  sale,  or  other  disposition  to  be  made  of 
any  school-house;"  also  u  to  vote  such  tax,  not  exceeding  ten  mills  on  the 
dollar  in  any  one  year,  on  the  taxable  property  of  the  district  township, 
-as  the  meeting  shall  deem  sufficient  for  the  purchase  of  grounds  and  the 
•construction  of  the  necessary  school-houses  for  the  use  of  the  respective 
;subdistricts." 

Section  fifteen  provides  that  the  board  "  shall  make  all  contracts,  pur- 
chases, payments  and  sales  necessary  to  carry  out  any  vote  of  the 
•district." 

Section  sixteen  provides  that  the  board  ' '  shall  fix  the  site  for  each 
.school-house." 

From  the  law  as  above  quoted  we  understand  that  the  electors  may 
vote  a  tax  for  the  erection  of  a  school-house  in  any  particular  subdistrict, 
•or  may  direct  the  removal  of  one  already  built,  from  a  subdistrict,  and 
that  the  board  determine  the  site  within  a  subdistrict,  but  have  no 
.authority  to  remove  a  school- house  from  a  subdistrict  without  affirmative 
.action  of  the  electors,  such  action,  however,  being  taken,  the  board  must 
•execute  their  vote,  if  in  accordance  with  law. 

From  the  action  of  the  board  in  thus  executing  the  vote  of  the  electors 
110  appeal  can  be  taken.  If  the  vote  of  the  electors  is  contrary  to  law, 
its  execution  may  be  prevented  by  injunction;  if  unwise,  the  electors 
themselves  must  bear  the  consequences. 

REVERSED. 

ALONZO  ABERNETHY, 
July  11,  1873.  Superintendent  of  Public  Instruction. 


SCHOOL  LAW  DECISIONS.  45 


JAMES  BUNN  v.  DISTRICT  TOWNSHIP  OF  DOUGLAS. 

Appeal  from  Ida  County. 

1.  CONTRACTS.    The  district  township  is  bound  by  the  contract  of  the  subdirector 
when  made  according  to  instructions  of  the  board. 

2.     .     If  a  subdirector  enter  into  a  contract  on  behalf  of  the  district,  without 

authority  of  the  board,  he  does  so  at  his  own  risk;  such  contract  is  not  binding 
upon  the  district  unless  approved  by  the  board. 

3.  RULES  AND  REGULATIONS.     The  power  to  prescribe  rules  and  regulations  for 
the  government  of  the  board  is  not  a  function  of  the  electors. 

4.  — .A  rule  adopted  by  the  board,  and  not  a  provision  of  law,  may  be  modi- 
fied at  the  option  of  the  board. 

A  contract  for  furnishing  the  school-houses  in  subdistricts  number- 
one  and  two  with  new  seats,  was  approved  by  the  board.  The  county 
superintendent,  upon  appeal,  affirmed  the  action  of  the  board,  and  James- 
Bunn  appeals. 

It  is  claimed  by  the  appellant  that  the  contract  was  made  without  au- 
thority from  the  board;  that  new  seats  could  not  be  legally  purchased 
without  a  vote  of  the  electors;  that  by  rule  of  the  board  public  notice 
should  be  given  before  making  any  contract,  except  with  teachers. 

The  district  township  is  bound  by  the  contract  of  the  subdirector  when 
made  and  entered  into  according  to  the  specific  instructions  and  direc- 
tions of  the  board.  Thompson  v.  Linn,  35  Iowa,  361. 

If  a  subdirector  enters  into  a  contract  on  behalf  of  the  district,  without 
being  authorized  by  the  board,  he  does  so  at  his  own  risk;  such  contract 
is  not  binding  upon  the  district  unless  approved  by  the  board;  being  ap- 
proved, however,  the  district  becomes  responsible  for  the  performance  of 
the  contract  on  its  part.  Affirmative  action  of  the  electors  is  not  required 
by  law  before  the  board  can  procure  new  seats  for  a  school-house. 

It  appears  from  the  transcript  that  the  rule  mentioned  was  adopted  and 
prescribed  by  the  district  township  meeting,  and  not  by  the  board;  the 
power  to  prescribe  rules  and  regulations  for  the  government  of  the  board, 
except  as  specifically  named  in  the  law,  is  not  a  function  of  the  electors 
when  assembled  at  the  district  township  meeting.  Any  rule  adopted  by 
the  board,  and  not  a  provision  of  law,  may  be  modified  or  disregarded  at 
the  option  of  the  board. 

AFFIRMED. 
ALONZO  ABEKNETHY, 

December  2,  1873.  Superintendent  of  Public  Instruction. 


46  SCHOOL  LAW  DECISIONS. 


D.  K.  TAYLOR  v.  INDEPENDENT  DISTRICT  OFQELDON. 
Appeal  from  Wapello  County. 

1.  APPEAL.  Appeal  may  be  taken  from  an  action  of  the  board  which  authorizes 
the  making  of  a  contract,  but  not  from  a  subsequent  action  or  order  comply- 
ing with  the  terms  of  a  contract  previously  made,  nor  from  an  action  author- 
izing the  issuance  of  an  order  in  payment  of  a  debt  contracted  by  previous 
action  of  the  board. 

2. .  A  case  whose  sole  purpose  is  to  determine  the  validity  of  an  order 

on  the  district  treasury,  or  the  equity  of  a  claim,  cannot  be  entertained  on 
appeal  to  the  county  superintendent;  the  courts  of  law  alone  can  furnish  an 
adequate  remedy. 

From  the  transcript  it  appears  that  on  the  3d  day  of  December,  1873, 
the  board  passed  an  order  authorizing  the  payment  of  five  per  cent  com- 
inission  for  negotiating  the  district  bonds,  and  on  the  same  day  another 
authorizing  D.  P.  Stubbs  to  negotiate  said  bonds.  On  the  3d  day  of 
February,  1874,  the  board  passed  an  order  instructing  the  president  and 
secretary  to  draw  an  order  for  $90  on  the  district  treasury  in  favor  of 
.said  D.  P.  Stubbs,  for  services  rendered  in  negotiating  said  bonds,  in 
-accordance  with  the  previous  action  of  the  board  on  December  3,  1873. 
From  the  action  of  the  board  in  issuing  said  order  of  $90  this  appeal  was 
1;aken. 

The  county  superintendent  dismissed  the  case,  on  the  ground  that  it 
was  an  action  authorizing  the  payment  of  money,  and  a  decision  thereon 
would  be  equivalent  to  rendering  a  judgment  for  money,  which  is  pro- 
idbited  by  the  provisions  of  section  1836.  D.  K.  Taylor  again  appeals. 

Appeal  may  be  taken  from  any  action  of  the  board  which  authorizes 
the  making  of  a  contract,  but  not  from  a  subsequent  action  or  order 
complying  with  the  terms  of  a  contract  previously  made,  or  from  an 
.action  authorizing  the  issuance  of  an  order  in  payment  of  a  debt  con- 
tracted by  a  previous  action  of  the  board. 

The  order  appealed  from  in  this  case  is  not  a  new  action  of  the  board, 
'but  a  necessary  result  of  the  order  of  December  3,  1873.  If  the  first 
.action  was  legal  and  proper,  the  last  is  both  proper  and  necessary,  the 
services  having  been  performed.  Any  interested  party  might  have 
appealed,  at  the  proper  time,  from  the  action  of  December  3,  author- 
izing the  payment  of  five  per  cent  commission  for.  negotiating  bonds  or 
authorizing  the  appointment  of  an  agent  therefor.  But  the  time  for  an 
appeal,  thirty  days,  having  expired,  appeal  cannot  now  be  taken  from 
the  subsequent  action,  which  is  simply  carrying  out  their  previous  action, 
-and  the  terms  of  the  contract  made  thereunder. 


SCHOQL  LAW  DECISIONS.  47 

To  determine  the  validity  of  an  order  on  the  district  treasury,  or  the 
equity  of  a  claim,  is  equivalent  to  the  rendition  of  a  judgment  for  money, 
and  a  case  whose  sole  purpose  is  to  determine  this  question  cannot  be 
entertained  on  appeal.  The  courts  of  law  alone  can  furnish  an  ade- 
quate remedy,  if  the  law  has  been  violated,  or  the  interests  of  the  district 
have  suffered  by  the  making  of  contracts  or  the  issuing  of  orders  for 
r  money  on  the  treasury. 

AFFIRMED. 
ALONZO  ABERNETHT, 

May  5,  1874.  Superintendent  of  Public  Instruction. 


A.  BEARD  et  al.  v.  DISTRICT  TOWNSHIP  OF  WASHINGTON. 
Appeal  from  Ring  gold  County. 

1.  SUBDISTRICT  BOUNDARIES.    Subdistrict  boundaries  can  be  changed  only  by 
affirmative  vote  of  a  majority  of  all  the  members  of  the  board. 

2.  APPEAL.    Appeal  will  not  be  entertained  from  the  action  of  the  board  in 
rescinding  a  previous  illegal  action. 

The  board  of  the  above  named  district  consists  of  four  members.  On 
the  24th  day  of  January,  1874,  three  members  of  the  board  met,  pur- 
suant to  notice,  for  the  purpose  of  forming  a  new  subdistrict  to  consist 
of  sections  27,  28,  33  and  34.  Upon  motion  to  establish  said  subdistrict, 
two  of  the  members  voted  in  the  affirmative  and  one  in  the  negative, 
by  this  action  the  subdistrict  was  considered  as  formed,  and  was  so 
entered  upon  the  record.  On  February  14,  the  board  met  pursuant  to 
notice,  for  the  purpose  of  reconsidering  their  action  of  January  24. 
Upon  motion  that  the  action  establishing  said  subdistrict  be  annulled, 
three  members  voted  in  the  affirmative,  and  one  in  the  negative.  From 
this  action  appeal  was  taken  to  the  county  superintendent,  who  simply 
reversed  the  action  of  the  board.  I.  F.  Howell  et  al.  appeal  to  the  super- 
intendent of  public  instruction. 

Section  1738  provides  that  the  boundaries  of  subdistricts  shall  not  be 
changed,  except  by  a  vote  of  the  majority  of  the  board.  Therefore  the 
subdistrict  in  question  was  not  legally  established  by  the  action  of  the 
board  of  January  24,  and  their  subsequent  action  relative  thereto  may 
properly  be  considered  as  simply  correcting  the  records  of  the  meeting. 
Neither  would  the  action  of  the  county  superintendent  in  reversing  such 
action  have  the  effect  to  establish  the  subdistrict. 

Since  the  action  of  the  board  was  entirely  proper  under  the  circum- 
stances in  making  such  correction,  the  decision  of  the  county  superin- 
tendent is  hereby 

REVERSED. 
ALONZO  ABERNETHY, 

June  4,  1874.  Superintendent  of  Public  Instruction. 


48  SCHOOL  LAW  DECISIONS. 


E.  WATSON  v.  DISTRICT  TOWNSHIP  OF  EXIRA. 
Appeal  from  Audubon  County. 

1.  PUNISHMENT.    The  punishment  of  a  pupil  with  undue  severity,  or  with  an 
improper  instrument,  is  unwarrantable,  and  may  serve  in  some  degree,  to- 
indicate  the  animus  of  the  teacher. 

2.    .     In  applying  correction,  the  teacher  must  exercise  sound  discretion 

and  judgment  and  should  choose  a  kind  of  punishment  adapted  not  only  to 
the  offense,  but  to  the  offender. 

Charges  were  preferred  against  E.  Watson,  a  teacher  in  the  schools  of 
the  district  above  named,  for  harsh  and  unreasonable  punishment  of  a 
pupil,  and  upon  investigation  the  teacher  was  discharged.  From  this- 
action  of  the  board  he  appealed  to  the  county  superintendent,  who  re- 
versed their  action,  and  the  district  appeals. 

From  the  evidence  it  appears  that  the  pupil  upon  whom  the  punish- 
ment was  inflicted  was  a  boy  thirteen  years  of  age,  and  that  the  offense 
was  such  that  punishment  was  deserved.  The  instrument  selected  for 
inflicting  punishment  was  a  hickory  stick,  three-fourths  of  an  inch  in 
diameter  at  one  end,  and  one-half  inch  at  the  other,  and  fifteen  or 
eighteen  inches  long.  The  punishment  was  inflicted  by  striking  upon 
the  palm  of  the  hand  from  eight  to  twelve  strokes.  It  appears  that  the 
boy's  hand  was  thereby  disabled  for  some  days. 

It  is  alleged  by  the  teacher  that  the  punishment  was  inflicted  for  the 
good  of  the  school,  and  that  it  was  without  malice  on  his  part.  We  con- 
sider the  selection  of  such  an  instrument  for  the  punishment  of  a  pupil 
injudicious,  unwarrantable,  and  dangerous,  and  that  consequences  might 
be  fraught  with  the  gravest  results,  and  that  such  selection  may  serve  in 
some  degree,  to  indicate  the  animus  of  the  teacher. 

REVERSED. 
ALONZO  ABERNETHY, 

June  6,  1874.  Superintendent  of  Public  Instruction. 


SCHOOL  LAW  DECISIONS.  49 


SANFORD  HARWOOD  v.  INDEPENDEIS^  DISTRICT  OF  CHARLES  CITY. 
Appeal  from  Floyd  County. 

\ .  PUNISHMENT:  Eight  to  inflict  upon  pupils.  The  right  of  the  parent  to  restrain 
and  coerce  obedience  in  children  applies  equally  to  the  teacher,  or  to  any  one 
who  acts  in  loco  parentis. 

2.  RULES  AND  REGULATIONS.    Boards  of  directors  and  their  agents,  the  teachers, 
may  establish  reasonable  rules  for  the  government  of  schools  and  the  control 
of  pupils. 

3.  — .     The  teacher  has  the  right  to  require  a  pupil  to  answer  questions  which 
tend  to  elicit  facts  concerning  his  conduct  in  school. 

4. .  The  pupil  is  answerable  for  acts  which  tend  to  produce  merriment  in 

the  school  or  to  degrade  the  teacher. 

5. .  Open  violation  of  the  rules  of  the  school  cannot  be  shielded  from  in- 
vestigation under  the  plea  that  it  invades  the  rights  of  conscience. 

G.  BOARD  OF  DIRECTORS  .  The  board  should  be  sustained  in  all  legitimate  and 
reasonable  measures  to  maintain  order  and  discipline,  to  uphold  the  rightful 
authority  of  the  teacher,  and  to  prevent  or  suppress  insubordination  in  the 
school. 

This  case  involves  the  right  of  a  teacher  to  require  a  pupil  to  answer 
questions  concerning  his  conduct  in  school,  or  to  testify  against  himself. 

Burritt  Harwood,  a  member  of  the  high  school  department,  having 
broken  certain  rules  of  the  school,  was  suspended  by  the  superintendent 
for  refusing  to  answer  a  question  relating  thereto.  The  pupil's  father 
petitioned  the  board  to  restore  the  pupil.  The  board  having  investi- 
gated the  facts  adopted  the  following: 

"Resolved,  That  the  school  board  sustain  Prof.  Shepard  in  his  sus- 
pension of  Burritt  Harwood,  provided  Burritt  Harwood  be  reinstated  if 
he  answer  the  question,  for  the  refusal  to  answer  which  he  was  suspended, 
subject  to  such  further  action  as  may  be  taken  by  the  principal  or  school 
board  for  making  and  circulating  the  caricature."  The  president  and 
four  other  members  voted  for,  and  one  against  the  resolution.  From 
this  action  of  the  board,  S.  Harwood  appealed  to  the  county  superin- 
tendent, who  reversed  their  action.  The  board,  through  their  president, 
appeals. 

The  power  of  the  parent  to  restrain  and  coerce  obedience  in  children 
cannot  be  doubted,  and  it  has  seldom  or  never  been  denied.  This  prin- 
ciple applies  equally  to  the  teacher  or  to  any  one  who  acts  in  loco  parentis. 
Boards  of  directors  and  their  agents,  the  teachers,  may  establish  all 
reasonable  and  proper  rules  for  the  government  of  schools,  and  to  con- 

tl  the  conduct  of  pupils  attending  the  same.     "Any  rule  of  the  school 
4 


50  SCHOOL  LAW  DECISIONS. 

not  subversive  of  the  rights  of  the  children  or  parents,  or  in  conflict  with 
'humanity  and  the  precepts  of  divine  law,  which  tends  to  advance  the 
object  of  the  law  in  establishing  public  schools,  must  be  considered 
reasonable  and  proper."  Burdickv.  Bdbqock,  31  Iowa,  562. 

The  superintendent  had  occasion  to  leave  the  high  school  in  charge  of 
his  assistant  while  he  should  attend  to  official  duties  elsewhere.  On  his 
Teturn  about  4  p.  M.  the  assistant  reported  that  there  had  been  much  dis- 
order on  the  part  of  some  of  the  pupils,  and  that  she  had  required 
several  of  the  pupils  to  remain  and  report  their  misdemeanors  to  the 
superintendent.  Burritt  Harwood  being  called  upon,  said  in  substance: 
I  have  two  misdemeanors  to  report;  I  threw  snow  into  the  lower  hall 
during  recess,  and  I  passed  a  piece  of  paper  across  the  aisle  to  my 
brother's  desk.  Both  are  recognized  as  violations  of  the  rules  of  the 
school.  The  nature  and  magnitude  of  the  first  are  readily  discernible, 
.-and  need  no  further  investigation;  not  so  of  the  second;  much  depends 
-upon  the  character  of  the  u piece  of  paper,"  whether  simply  blank  paper 
or  containing  writing  or  other  marks;  being  asked  to  state  the  nature  of 
the  paper,  he  at  first  answered  evasively.  Being  further  questioned,  he 
replied  that  it  was  "  pictorial,"  that  it  was  a  "burlesque  or  caricature," 
that  "it  represented  the  school-house  and  some  person  or  persons," 
that  "the  person  or  persons  represented  were  connected  with  the 
school."  The  further  question,  "whom  he  had  intended  to  burlesque," 
after  some  hesitation,  he  declined  to  answer.  For  this  act  of  disobedi- 
ence he  was  suspended. 

The  question  which  he  refused  to  answer  appears  to  differ  in  no  essen- 
tial feature  from  those  previously  answered.  By  it  the  teacher  simply 
sought  to  discover  an  additional  fact  in  connection  with  the  case.  If  he 
had  a  right  to  ask  the  former  he  had  the  latter.  If  there  is  any  reason 
why  the  pupil  had  the  right  or  should  claim  the  privilege  of  declining  to 
answer  the  last,  he  should  have  stated  it.  Certainly  no  good  reason 
appears  from  the  nature  of  the  offense,  and  the  degree  of  punishment 
which  it  merited  depended  upon  the  information  which  the  teacher  sought 
to  obtain  by  this  and  the  previous  question.  If  the  paper  contained  sim- 
ply the  solution  of  a  problem  or  something  connected  with  his  lesson,  it 
merited  one  degree  of  punishment;  if  its  purpose  was  to  create  merriment 
among  the  pupils,  thus  diverting  their  attention  from  their  studies,  it 
required  another  degree;  if  by  it  the  pupil  sought  to  bring  ridicule  upon 
a  teacher,  to  the  prejudice  of  the  good  order  and  government  of  the  school, 
still  another;  each  would  be  a  violation  of  the  rules,  but  not  each  equally 
punishable.  The  claim  of  appellee  that  it  was  an  attempt  to  pry  into  the 
•secrets  of  the  heart,  and  was  a  violation  of  the  right  of  conscience,  is 
^scarcely  sustained  by  the  facts.  The  question  "whom  did  you  intend  to 
represent,"  is  essentially  equivalent  to  "whom  did  you  represent."  Its 


SCHOOL  LAW  DECISIONS.  51 

purpose  evidently  was  not  to  find  out  the  thought  or  intent,  but  the  act  of 
the  pupil.  The  question  was  simply  what  was  the  character  of  the  picture 
drawn  and  circulated  to  the  disturbance  of  the  school.  It  does  not  appear 
how  the  rights  of  conscience  would  be  violated  in  answering  the  question. 
It  may  be  true  that  the  picture  itself,  if  produced,  would  furnish  the  best 
evidence,  but  the  teacher  clearly  had  the  right,  in  its  absence,  and  know, 
ing  nothing  of  its  nature  beyond  what  the  pupil  had  already  revealed,  to 
seek  this  information  directly  and  immediately  by  proper  questions. 
Nor  can  the  pupil  shield  himself  under  the  provision  of  the  law  that  a 
prisoner  at  the  bar  cannot  be  compelled  to  answer  questions  which  will 
tend  to  render  him  criminally  liable  or  expose  him  to  public  ignominy. 
He  is,  in  no  proper  sense,  accused  of  crime  before  a  court  of  law,  author- 
ized to  sit  in  judgment  under  a  criminal  code. 

The  picture,  which  was  afterward  produced,  reveals  anything  but  a 
right  spirit  in  the  pupil.  Probably  no  one  who  has  seen  it  doubts  that 
it  is  a  coarse  caricature  of  the  superintendent  and  his  assistant.  His 
refusal  to  answer  was  evidently  not  that  he  could  not  conscientiously  do 
so,  nor  that  it  would  tend  to  criminate  himself,  but  was  a  deliberate  act 
of  insubordination.  All  the  attendant  circumstances,  the  evasive  and 
studied  replies  to  the  superintendent's  questions,  the  caricature  itself, 
and  its  circulation  through  the  school  during  the  absence  of  the  superin- 
tendent, together  with  a  previous  malicious  caricature  of  the  same 
nature,  all  reveal  a  disregard  for  the  regulations  of  the  school,  the 
a-espectful  conduct  due  from  a  pupil,  and  an  animus  toward  the  teacher 
anything  but  proper. 

In  our  opinion  unnecessary  stress  was  laid,  in  the  trial  before  the 
superintendent,  upon  the  technical  ground  of  suspension  by  the  superin- 
tendent. The  board  having  had  the  whole  subject  under  investigation, 
including  statements  of  the  offenses  from  both  the  superintendent  and 
the  pupil,  sustained  the  superintendent,  or  in  other  words,  suspended 
the  pupil  conditionally  from  the  school,  as  they  probably  had  a  right  to 
do  for  any  one  of  the  offenses  named.  This  being  a  discretionary  act, 
due  weight  must  be  given  to  such  action  by  an  appellate  tribunal ;  espe- 
cially should  the  board  be  sustained  in  all  legitimate  and  reasonable 
measures  to  maintain  order  and  discipline,  to  uphold  the  rightful  author- 
ity of  the  teacher  and  to  prevent  or  suppress  insubordination  in  the 

school. 

EEVEKSED. 
ALONZO  ABEKNETHY, 

June  8,  1874.  Superintendent  of  Public  Instruction. 


52  SCHOOL  LAW  DECISIONS. 


T.  J.  ROOK  v.  DISTRICT  TOWNSHIP  OF  LIBERTY. 
Appeal  from  Clarke  Comity. 

SCHOOL-HOUSE  TAXES.  All  taxes  voted  by  the  district  township  meeting  must  be 
apportioned  among  the  subdistricts.  Any  part  of  the  tax  voted  by  the  sub- 
district  meeting  which  the  district  township  neglects  or  refuses  to  grant,  must 
be  certified  and  levied  upon  the  subdistrict.  The  board  have  no  option  but 
to  obey  the  requirements  of  the  law. 

Under  the  provisions  of  section  1778,  School  Laws  of  1874,  the 
electors  of  subdistrict  number  six,  of  the  above  named  district  township, 
voted  to  raise  the  sum  of  four  hundred  dollars  for  the  erection  of  a 
school-house;  the  sum  was  properly  certified  to  the  district  township 
meeting,  which  refused  to  grant  the  request.  The  board  of  directors- 
certified  the  amount  to  the  board  of  supervisors,  to  be  levied  directly 
upon  the  subdistrict.  From  this  action  appeal  was  taken  to  the  county 
superintendent,  who  affirmed  the  action  of  the  board.  T.  J.  Kook 
appeals. 

The  errors  alleged  to  have  been  committed  are:  That  the  township 
electors  neglected  or  refused  to  grant  the  request  of  the  electors  of  sub- 
district  number  six;  and  that  the  board  refused  to  apportion  the  amount 
voted  by  the  subdistrict  among  the  subdistricts  of  the  township. 

It  is  wholly  discretionary  with  the  township  electors  whether  such 
requests  are  granted  or  not;  from  their  action  no  appeal  can  be  taken. 
If  they  vote  to  grant  such  request,  the  amount  must  be  apportioned  by 
the  board  among  the  subdistricts  of  the  township;  if  they  neglect  or 
refuse  to  grant  it,  the  amount  must  be  certified  to  the  board  of  supervis- 
ors, to  be  levied  directly  upon  the  subdistrict.  Section  1778,  School 
Laws  of  1874. 

The  board  have  no  option  in  such  case,  it  is  their  duty  simply  to  obey 

the  requirements  of  the  law. 

AFFIRMED. 

ALONZO  ABEENETHY, 

October  5,  1874.  Superintendent  of.  Public  Instruction. 


SCHOOL  L^ffffg^l^  53 

f  *     OJt  TM«  ^V 

I  UNIVERSITY  1 


JOHN  S.  DAVID  v.  INDEPENDENT  DISTRICT  OF  BURLINGTON. 
Appeal  frwn  Des  Moines  County. 

1.  ATTENDANCE.  Every  person  between  the  ages  of  five  and  twenty-one  years 
has  the  right  to  attend  school  in  the  district  in  which  he  resides,  regardless  of 
considerations  relating  to  race,  nationality,  the  holding  of  property,  or  the 
payment  of  taxes. 

— .    The  payment  of  school  taxes  does  not  entitle  nonresidents  to  school 
privileges. 

3.     .     The  board  have  authority  to  determine  when,  and  upon  what  terms, 

nonresident  pupils  may  attend  the  schools  of  their  district. 

This  appeal  is  brought  to  compel  the  board  of  the  independent  dis- 
trict of  Burlington  to  admit  into  the  public  schools  of  said  district 
appellant's  children,  without  payment  of  tuition,  on  the  ground  that  he 
is  a  large  taxpayer  in  the  district;  the  county  superintendent  having 
.affirmed  the  action  of  the  board  in  refusing  to  admit  them. 

The  appellant  resides  about  a  mile  beyond  the  limits  of  the  independ- 
ent district  of  Burlington,  and  near  the  school  in  his  own  district,  but  he 
•claims  that  this  school  is  not  of  suitable  grade  for  his  children. 

The  law  requires  the  board  to  provide  school  facilities  for  all  the  chil- 
dren in  their  own  district,  and  contemplates  that  they  shall,  in  all  cases, 
determine  whether  children  who  are  not  residents  shall  be  permitted  to 
attend  the  schools  thereof,  and  upon  what  terms.  Section  1793. 

It  is  claimed  by  the  appellant  that  his  children  are  entitled  to  attend 
school  in  the  independent  district  of  Burlington  without  the  payment  of 
tuition,  for  the  reason  that  he  owns  property  in  said  independent  district 
.and  pays  taxes  thereon;  and  if  the  payment  of  taxes  could  ever  entitle  a 
person  to  such  privileges,  it  doubtless  would  in  this  case,  as  he  intro- 
duces the  certificate  of  the  county  auditor  to  show  that  his  school  taxes 
for  1874  were  $406.08.  There  is,  however,  no  provision  of  law  upon 
which  to  base  such  claim,  nor  would  such  provision  well  accord  with  the 
spirit  of  our  laws  relating  to  public  schools.  These  laws  are  founded 
upon  the  broad  principle  that  every  person  in  the  state  between  the  ages 
of  five  and  twenty-one  years,  is  entitled  to  the  privilege  of  attending  the 
public  schools.  This  principle  is  wholly  unencumbered  by  any  consid- 
eration relating  to  race,  nationality,  the  holding  of  property,  or  the 
payment  of  taxes. 

To  prevent  confusion  and  the  over-crowding  of  particular  schools,  it  is 
necessary  to  point  out  what  school  each  pupil  has  the  right  to  attend. 
A  more  equitable  rule  could  not  have  been  devised,  than  that  which  pre- 
scribes that  the  pupil  may  attend  school  in  the  district  in  which  he  resides. 


54:  SCHOOL  LAW  DECISIONS. 

The  simplicity  and  equity  of  this  rule  are  apparent.  Every  person  has 
one  place  of  residence,  and  no  more;  this  place  of  residence  is  generally 
determined  without  difficulty,  and  is  not  usually  abandoned  for  trivial 
causes.  To  introduce  any  conditions  into  the  laws  dependent  upon  prop- 
erty considerations,  would  be  to  outrage  the  fundamental  principles  of 
our  free  school  system. 

To  further  promote  the  convenience  of  the  people,  and  to  give  elasticity 
to  the  rule,  the  board  may,  when  circumstances  require,  permit  nonresi- 
dent pupils  to  attend  the  schools  of  their  district. 

AFFIRMED. 
ALONZO  ABERNETHY, 

February  20,  1875.  Superintendent  of  JPablic  Instruction. 


A.  B.  REED  et  at.  v.  DISTRICT  TOWNSHIP  OF  UNION. 
Appeal  from  Makaska  County. 

1.  SUBDISTRICTS.    Other  things  being  equal,  both  territory  and  school  population 
should  be  about  equally  divided  among  the  subdistricts  of  a  district  township. 

2.     .     One  subdistrict  should  not  differ  greatly  from  the  average  subdistrict 

of  the  district  township  both  in  territory  and  school  population. 

The  action  of  the  board  in  changing  subdistrict  boundaries  was  affirmed 
by  the  county  superintendent.  From  this  decision  A.  B.  Reed  appeals. 

Previous  to  the  action  of  the  board  from  which  appeal  was  taken,  sub- 
district  number  seven  comprised  two  sections  of  land,  upon  which  reside 
about  forty  persons  of  school  age.  The  board  added  three  sections  from 
subdistrict  number  three,  upon  which  reside  some  thirty  pupils,  leaving 
but  three  sections  and  about  twenty-two  pupils. 

It  is  claimed  that  by  this  increase  of  area  in  subdistrict  number  seven 
to  five  sections,  and  the  consequent  increase  of  pupils  to  seventy,  a  por- 
tion of  the  latter  are  deprived  of  school  privileges.  This  leads  to  a  con- 
sideration of  the  proper  basis  and  manner  of  dividing  a  district  township 
into  subdistricts.  It  would  seem,  other  things  being  equal,  that  both 
territory  and  school  population  should  be  about  equally  divided  among 
the  subdistricts  of  the  district  township.  When  the  population  is  not 
uniformly  distributed,  which  is  generally  the  case,  it  would  appear  that 
no  one  subdistrict  should  have  an  excess  over  the  average  subdistrict  of 
the  district  township,  both  in  territory  and  in  school  population;  nor 
should  any  one  subdistrict  lack  both  in  territory  and  in  school  popula- 
tion, unless  by  reason  of  some  controlling  circumstance.  The  location 
of  public  roads,  streams  or  any  other  obstruction,  should  always  be 
taken  into  consideration.  In  this  case,  area  and  school  population  are 


SCHOOL  LAW  DECISIONS.  55 

the  only  essential  elements.     The  average  area  of  a  subdistrict  in  the 
township  is  four  and  one-half  sections. 

The  school  population,  according  to  the  last  annual  report  of  the- 
county  superintendent,  averages  57.5  to  each  subdistrict.  Hence,  we- 
find  that  subdistrict  number  seven  lacked  both  in  area  and  school  popu- 
lation, and  that  its  boundaries  should  have  been  enlarged ;  but  we  also- 
find  that  the  subdistrict  from  which  territory  was  taken  was  reduced 
below  the  average,  both  in  school  population  and  in  area,  while  the  sub- 
district  thus  enlarged  is  in  excess  in  both. 

We  trust  that  the  board  will  as  soon  as  practicable  remove  these- 
inequalities  by  a  redivision  of  the  entire  district  township  into  subdis- 
tricts.  '  Questions  as  to  the  validity  of  the  action  of  the  board  are  also- 
raised,  but  we  do  not  find  that  they  have  in  any  manner  acted  contrary 
to  the  requirements  of  law. 

AFFIRMED. 
ALONZO  ABEKNETHY, 

June  21,  1875.  Superintendent  of  Public  Instruction. 


J.  W.  HUBBAED  v.  DISTRICT  TOWNSHIP  OF  LIME  CREEK. 

Appeal  from  Cerro  Gordo  County. 

1.  APPEAL.    The  execution  by  the  board  of  the  vote  of  the  electors  upon  matters 
within  their  control,  is  mandatory,  from  such  action  of  the  board  no  appeal 
can  be  taken.     If  such  action  is  tainted  with  fraud,  an  application  to  a  court 
of  law  is  the  proper  remedy. 

2.  BOARD  OF  DIRECTORS.    The  board,  though  not  bound  by  a  vote  of  the  electors 
directing  the  precise  location  of  a  school-house  site,  are  required  to  so  locate 
it  as  to  accommodate  the  people  for  whom  designed. 

3. .  If  in  the  selection  of  a  site  the  board  violate  law  or  abuse  their  dis- 
cretionary power,  their  action  may  be  reversed  on  appeal. 

4.  — .  An  illegal  action  may  be  corrected  by  application  to  a  court  for  a 

writ  of  certiorari. 

The  electors  of  the  district  township  voted  a  tax  to  build  a  school-house 
on  what  is  known  as  the  Simons  road,  near  where  it  crosses  the  Central 
railroad.  On  a  separate  motion,  the  board  were  instructed  to  sell  the 
school-house  known  as  number  three.  In  accordance  with  the  first  men- 
tioned action,  the  board  located  a  school-house  site  on  said  road,  fifty 
feet  from  said  crossing.  From  this  action  appeal  was  taken,  the  appel- 
lant claiming  it  to  be  a  relocation  of  the  site  known  as  number  three, 
and  that  such  action  was  with  the  express  intention  of  selling  the  school- 
house  and  abandoning  the  site  thereof.  The  county  superintendent 


56  SCHOOL  LAW  DECISIONS. 

reversed  the  action  of  the  board.     From  this  decision  the  district  town- 
ship appeals. 

The  district  township  coincides  with  a  congressional  township  in 
boundaries  and  extent,  and  is  comprised  in  one  subdistrict.  It  is  claimed 
that  the  action  of  the  district  township  meeting  did  not  represent  the 
wishes  of  the  people;  that  there  are  ninety-five  voters  in  the  district,  and 
but  twenty-seven  were  present  at  such  meeting;  also  that  in  the  location 
of  the  site  the  board  did  not  consult  the  convenience  of  the  people. 

Section  1717,  School  Laws  of  1874,  provides  that  the  electors  of  the 
district,  when  legally  assembled  at  the  district  township  meeting,  shall 
have  power  ' '  to  direct  the  sale  or  other  disposition  to  be  made  of  any 
school-house,  or  site  thereof,  and  of  such  other  property,  personal  and 
real,  as  may  belong  to  the  district." 

Section  1723  provides  that  the  board  "shall  make  all  contracts, 
purchases,  payments,  and  sales,  necessary  to  carry  out  any  vote  of  the 
district." 

Section  1724  provides  that  the  board  "shall  fix  the  site  for  each  school- 
house,  taking  into  consideration  the  geographical  position  and  conven- 
ience of  the  people  of  each  portion  of  the  subdistrict." 

The  execution  of  the  vote  of  the  electors  by  the  board  is  mandatory, 
from  their  action  in  so  doing  no  appeal  can  be  taken.  In  case  such 
action  is  in  any  manner  tainted  with  fraud,  an  application  to  a  court  of 
law  is  the  proper  remedy. 

The  power  to  locate  school-house  sites  is  vested  originally  in  the  board. 
Although  the  board  have  authority  to  locate  school- house  sites,  yet  money 
legally  voted  by  the  electors  for  a  specific  purpose,  must  be  expended  in 
accordance  with  such  vote;  if  voted  to  erect  a  school-house  in  a  certain 
subdistrict,  it  cannot  legally  be  used  to  build  a  school- house  in  another. 
While  any  directions  of  the  voters  attempting  to  locate  precisely  a  school- 
house  site,  are  void,  yet  the  board  is  bound  so  to  locate  it  as  to  accommo- 
date the  people  for  whom  designed,  in  the  absence  of  such  instructions 
the  board  may  exercise  more  widely  their  discretion  in  fixing  school- 
iiouse  sites. 

If  in  the  performance  of  this  duty  they  violate  law,  act  with  manifest 
injustice,  or  in  any  manner  show  an  abuse  of  discretionary  power,  their 
action  may  properly  be  reversed  by  the  county  superintendent. 

In  this  case  we  do  not  discover  that  the  board  have  in  any  manner 
failed  in  the  proper  performance  of  their  duty. 

REVERSED. 

ALONZO  ABERNETHY, 
July  7,  1875.  Superintendent  of  Public  Instruction. 


SCHOOL  LAW  DECISIONS.  57 

B.  D.  BACON  et  al.  v.  DISTRICT  TOWNSHIP  OF  LIBERTY. 
Appeal  from    Woodbury   County- 

1.  TESTIMONY.    The  superintendent  should  afford  full  opportunity  for  the  intro- 
duction of  testimony,  and  the  examination  of  witnesses  should  be  so  conducted 
as  to  disclose  all  material  facts.     What  is  shown  by  the  plat  need  not  also  be 
presented  orally. 

2.  BOARD  OF  DIRECTORS.    The  action  of  the  board  cannot  be  reversed  upon  the 
allegations  of  appellant  without  proof,  or  by  reason  of  failure  of  the  board  to 
make  defense. 

3.  —  — .     The  acts  of  the  board  are  presumed  to  be  regular,  legal, 
and  just,  and  should  be  affirmed  on  appeal  unless  proof  is  brought  to  show 
the  contrary. 

The  county  superintendent  sustained  the  board  in  locating  the  site  for 
a  new  school-house  where  the  old  one  now  stands.  B.  D.  Bacon  et  al. 
appeal. 

The  peculiarity  of  this  case  is  that  at  the  trial  before  the  county  super- 
intendent no  oral  testimony  was  introduced  by  the  appellant. 

It  is  the  duty  of  the  county  superintendent  to  afford  full  opportunity 
to  the  appellant  to  present  evidence,  and  it  is  desirable  that  the  exami- 
nation of  witnesses  should  be  so  conducted  that  every  material  fact 
connected  with  the  case  shall  be  disclosed.  But  the  action  of  the  board 
cannot  be  reversed  upon  the  allegations  of  the  appellant  without  proof, 
or  by  reason  of  failure  of  the  board  to  be  present  and  make  defense. 

The  acts  of  the  board  are  presumed  to  be  regular,  legal,  and  just,  and 
should  be  affirmed  by  the  county  superintendent  upon  appeal,  unless 
proof  is  brought  to  show  the  contrary. 

The  plats  furnished  with  transcript  in  this  case  are  unusually  minute;  and 
it  is  possible  that  they  were  regarded  as  showing  the  material  facts  relat- 
ing to  the  case.  What  is  shown  by  the  plat,  need  not  be  also  presented 
orally,  but  any  additional  facts  may  properly  be  so  shown.  From  the 
plat  and  affidavits,  it  appears  that  the  appellants  desire  the  school-house 
site  to  be  located  about  one-half  mile  south  of  the  site  on  which  the  board 
resolved  to  erect  a  new  house.  The  location  of  roads  and  dwellings  in 
the  subdistrict  would  seem  to  indicate  that  the  point  selected  by  the 
board  will  quite  as  well  subserve  the  convenience  of  the  inhabitants  as 
that  desired  by  the  appellants.  Under  these  circumstances  the  discretion- 
ary power  of  the  board  cannot  properly  be  interfered  with.  Edwards  v. 
District  Township  of  West  Point.  Archer  v.  District  Township  of  Warren. 

AFFIRMED. 
ALONZO  ABERNETHY, 

August  30,  1875.  Superintendent  of  Public  Instruction. 


58  SCHOOL  LAW  DECISIONS. 


E.  '(COSTING  v.  DISTRICT  TOWNSHIP  OF  LINCOLN. 
Appeal  from  Plymouth  County. 

1.  SCHOOL-HOUSE  SITE:  Location  of.  The  action  of  a  committee  appointed  by 
the  board  to  locate  a  site  is  of  no  force  until  officially  adopted  by  the  board 
while  in  session. 

2. .  Snbdistrict  boundaries  cannot  be  changed  upon  an  appeal  relating 

solely  to  the  location  of  a  site,  nor  can  a  site  be  located  with  the  expectation 
that  boundaries  will  be  changed,  unless  such  is  shown  to  be  the  intention  of 
the  board. 

3.    APPEAL.    The  right  of  appeal  is  confined  to  persons  injuriously  affected  by  the 
.     decision  or  order  complained  of.    Ordinarily  a  person  living  in  one  subdistrict 
cannot  appeal  from  an  action  of  the  board  locating  a  site  in  another. 

A  committee  appointed  by  the  board  of  the  above  named  district 
township  to  locate  a  school-house  site  for  the  accommodation  of  the 
residents  of  subdistricts  number  seven  and  nine,  reported  that  they  had 
selected  the  northwest  corner  of  section  ten,  and  afterward  that  they  had 
chosen  instead,  a  site  about  eighty  rods  east  of  the  northwest  corner  of 
section  eleven.  There  is  no  record  showing  that  any  action  was  taken 
by  the  board  in  relation  to  these  reports. 

Subdistrict  number  nine  consists  of  the  east  one-half  of  congressional 
township  number  90,  range  45. 

E.  Gosting,  the  appellant,  resides  in  subdistrict  number  seven,  which 
comprises  the  west  one-half  of  the  same  congressional  township.  The 
decision  of  the  county  superintendent  is  as  follows:  "After  consider- 
ing the  evidence  and  the  plat  introduced,  I  sustain  the  committee  in 
their  first  location  at  the  northwest  corner  of  section  ten  of  said  town- 
ship." From  this  decision  D.  M.  Relyea  appeals. 

The  power  to  locate  school-house  sites  is  vested  in  the  board  of  di- 
rectors. Section  1724,  School  Laws  of  1874.  The  action  of  a  committee 
appointed  by  the  board  to  locate  a  school-house  site  is  of  no  force  until 
their  report  is  officially  adopted  by  the  board  while  in  session. 

Section  1725  provides  that  the  board  kishall  determine  where  pupils 
may  attend  school;  and  for  this  purpose  may  divide  their  district  into 
such  subdistricts  as  may  by  them  be  deemed  necessary."  The  object  of 
dividing  a  district  township  into  subdistricts  is  to  determine  where  pupils 
shall  attend  school.  While  it  is  frequently  the  case  that  pupils  may 
more  conveniently  attend  school  in  an  adjoining  subdistrict,  it  would 
obviously  be  improper  to  locate  a  school-house  site  expressly  for  the 
accommodation  of  such  pupils,  unless  with  the  intention  of  subsequently 


SCHOOL  LAW  DECISIONS.  59. 

making  a  redivision  of  the  district  township.  The  county  superintendent 
has  jurisdiction  only  of  the  matter  to  which  the  appeal  relates.  He  can- 
not properly  upon  an  appeal  relating  to  the  location  of  a  school-house 
site  change  subdistrict  boundaries,  nor  can  he  locate  a  school-house  site- 
with  the  expectation  that  such  boundaries  will  ultimately  be  changed,, 
unless  such  is  shown  to  be  the  intention  of  the  board. 

The  right  to  appeal  from  actions  of  the  board  is  confined  to  persons 
injuriously  affected  by  the  decision  or  order  of  which  complaint  is  made. 
Section  1829.  Ordinarily,  a  person  living  in  one  subdistrict  cannot 
properly  appeal  from  an  action  of  the  board  locating  a  school-house  site 
in  another. 

The  decision  of  the  county  superintendent  is  set  aside,  and  the  loca- 
tion of  the  school-house  site  is  left  to  the  discretion  of  the  board. 

KEVEESED. 
ALONZO  ABERNETHY, 

September  7,  1875.  Superintendent  of  Public  Instruction.. 


J.  E.  BROWN  v.  DISTRICT  TOWNSHIP  OF  VAN  METER. 
Appeal  from  Dallas  County. 

1.  APPEAL.     The  adoption  of  the  committee's  report  in  favor  of  retaining  thex 
old  school-house  site,  is  an  action  from  which  appeal  may  be  taken. 

2.  BOARD  OF  DIRECTORS.     The  action  of  the  board  cannot  be  reversed  upon  the- 
allegations  of  appellant  without  proof,  or  by  reason  of  failure  of  the  board  to- 
make  defense. 

— .  The  acts  of  the  board  are  presumed  to  be  regular,  legal  and 
just,  and  should  be  affirmed  on  appeal,  unless  proof  is  brought  to  show  the 
contrary. 

4. — :    Discretionary  acts  of.    The  weight  which  properly  attaches  to> 

the  discretionary  actions  of  a  tribunal  vested  with  original  jurisdiction,  does- 
not  apply  to  the  decisions  of  an  inferior  appellate  tribunal. 

The  county  superintendent  reversed  the  action  of  the  board  in  selecting^ 
the  old  site  in  subdistrict  number  two,  upon  which  to  erect  a  new  schooL- 
house,  and  located  the  site  about  eighty  rods  westward  of  the  old  one.. 
From  this  decision  the  district  township  appeals,  claiming  in  substance- 
that  the  county  superintendent  erred  as  follows:  That  there  was  no  action- 
of  the  board  relative  to  the  selection  of  a  school-house  site  in  subdistrict. 
number  two  from  which  an  appeal  would  lie;  that  the  board  failed,  by 
reason  of  a  misunderstanding,  to  appear  and  defend,  and  that  they  were* 
unjustly  refused  a  rehearing;  that  the  old  site  was  suitable,  convenient,, 
and  at  the  center  of  population,  both  present  and  prospective;  and  that 
the  reversal  of  the  action  of  the  board  was  without  sufficient  cause,  there 
being  no  evidence  that  they  abused  their  discretionary  power  or  acted 
with  injustice. 


^0  SCHOOL  LAW  DECISIONS. 

From  the  transcript  it  appears  that  a  committee  was  appointed  to  select 
a  site  for  the  erection  of  a  school-house  in  subdistrict  number  two,  that 
they  reported  in  favor  of  the  old  site,  and  that  their  report  was  adopted 
by  the  board.  The  law  provides  that  an  appeal  may  be  taken  by  any 
party  aggrieved,  from  any  order  or  decision  of  the  board. 

That  there  was  an  action  of  the  board,  and  that  the  subject-matter  to 
which  such  action  relates  is  the  location  of  a  school-house  site  in  sub- 
district  number  two,  there  can  be  no  reasonable  doubt,  hence  the  action 
^of  the  board  was  subject  to  appeal,  and  such  appeal  gave  to  the  county 
superintendent  jurisdiction  in  the  matter  of  location  of  said  school- 
house  site.  Gosting  v.  District  Township  of  Lincoln. 

It  is  the  duty  of  the  county  superintendent  to  give  due  notice  to  all 
parties  directly  interested  in  an  appeal  from  the  board,  and  to  afford  full 
opportunity  for  the  presentation  of  evidence,  but  the  action  of  the  board 
cannot  properly  be  reversed  upon  the  allegations  of  the  appellant  with- 
out proof,  or  by  reason  of  the  failure  of  the  board  to  be  present  and 
make  defense.  The  acts  of  the  board  are  presumed  to  be  regular,  legal 
and  just,  and  should  be  affirmed  by  the  county  superintendent  unless 
proof  is  brought  to  show  the  contrary.  Bacon  et  al.  v.  District  Town- 
ship of  Liberty,  page  150,  School  Law  Decisions  of  1876.  In  this  case, 
however,  the  board  appear  to  have  had  due  notice  and  ample  oppor- 
tunity to  defend  the  case.  It  is  not  claimed  that  any  additional  evidence 
could  be  produced  that  would  materially  affect  the  issue;  but  that  the 
board,  understanding  through  popular  report  that  the  case  was  with- 
drawn, failed  to  be  present  at  the  trial,  and  upon  this  ground  ask  for  a 
rehearing,  which  was  very  properly  refused. 

The  site  selected  by  the  county  superintendent  is  nearly  central,  being 
eighty  rods  west  of  that  chosen  by  the  board.  Both  appear  to  be 
.suitable.  The  eastern  part  of  the  subdistrict  is  mostly  prairie  land,  while 
the  western  portion  is,  to  a  considerable*extent,  timber  land. 

The  evidence  as  to  which  site  will  better  serve  the  interests  and  con- 
venience of  the  residents  of  the  subdistrict  is  conflicting.  The  board  is 
entitled  to  the  benefit  of  any  doubt  upon  this  point.  Unless  it  is  clearly 
proven  that  they  have  violated  law,  abused  their  discretionary  power,  or 
have  acted  with  manifest  injustice,  their  action  should  be  affirmed. 
^Edwards  v.  District  Tovinship  of  West  Point. 

It  is  urged  by  the  appellee  that  the  same  weight  attaches  to  actions  of 

an  inferior  appellate  tribunal,  upon  appeal,  that  is  given  to  tribunals 

having  original  jurisdiction.     It  is  held  that  the  action  of  the  board  in 

matters  of  which  they  have  original  jurisdiction,  is  alone  entitled  to  this 

•consideration  by  any  superior  tribunal  upon  appeal. 

REVERSED. 
ALONZO  ABERNETHY, 

September  17,  1875.  /Superintendent  of  Public  Instruction. 


SCHOOL  LAW  DECISIONS.  61' 


D.  R.  LANG  et  al.  v.  DISTRICT  TOWNSHIP  OF  LINN. 
Appeal  from   Warren   County. 

1.  APPEAL.     Where  changes  are  effected  in  district  boundaries  by  the  concurrent 
action  of  two  boards,  appeal  may  be  taken  from  the  order  of  the  board  con- 
curring or  refusing  to  concur,  but  not  from  the  order  of  the  board  taking 
action  first. 

2.  NOTICE.    The  appearance  of  a  party  at  the  hearing  is  a  complete  waiver  of 
notice. 

3.  DISTRICT  BOUNDARIES.    In    the    determination    of   district    and  subdistrict 
boundaries,   temporary  expenditures  and  individual  convenience  should  be 
subordinated  to  the  more  important  considerations  relating  to  simplicity  of 
outline,  compactness  of  shape,   uniformity  of  size,  and  permanence  of  sites 
and  boundaries. 

Sections  1  and  12  of  Linn  township  have  been  attached  to  Greenfield! 
township  for  school  purposes,  and  with  sections  5,  6,  7,  and  8,  thereof, 
constitute  a  subdistrict  in  the  district  township  of  Greenfield,  the  school- 
house  being  in  the  southwest  corner  of  section  5. 

The  boards  of  both  Greenfield  and  Linn  townships,  at  their  regular 
meetings  in  September,  1874,  adopted  a  motion  to  the  effect  that  sections 
1  and  12  be  restored  to  Linn  township,  but  at  a  subsequent  meeting,  the 
Linn  township  board  rescinded  their  action.  Again,  at  the  regular 
meeting  in  September,  1875,  both  boards  took  action,  the  Greenfield 
board  adopting,  and  the  Linn,  rejecting,  the  motion  for  restoration. 
Appeal  being  taken  from  the  decision  of  the  Linn  board,  the  county 
superintendent  reversed  their  action,  and  H.  M.  Close,  president  of  the 
board,  appeals. 

The  allegations  of  the  appellant,  that  the  county  superintendent  had 
no  jurisdiction,  it  being  a  case  requiring  the  decision  of  two  boards  of 
directors,  was  not  established,  since  the  board  of  Greenfield  township 
had  acted  affirmatively  upon  the  question  of  transfer.  Dayton  v.  District 
Tovinship  of  Cedar,  page  128,  School  Law  Decisions  of  1872. 

It  was  alleged,  that  by  reason  of  insufficiency  of  notice,  interested 
parties  were  not  present  at  the  trial  before  the  superintendent;  but  the 
appearance  of  the  president  of  the  board  was  a  complete  waiver  of  notice. 

It  would  appear  that  the  territory  in  question  was  legally  restored  to- 
-inn  township  by  the  concurrent  action  of  the  two  boards  interested,  in 

jptember,  1874,  but,  as   the  Linn   township  board,   at  a   subsequent 

teeting,  rescinded  their  action  relating  thereto,  it  continued  under  the 

irisdiction  of  the  Greenfield  board,  until  transferred  by  the  decision  of 
county  superintendent. 


6-2  SCHOOL  LAW  DECISIONS. 

The  affirmance  of  the  decision  of  the  superintendent  will  involve  the 
district  in  some  expense,  and  will  be  attended  with  some  inconvenience 
to  a  portion  of  the  residents  of  the  territory  affected  thereby,  which,  by 
.a  reversal,  might  be  postponed,  but  only  postponed,  since  the  element 
which  has  so  persistently  sought  this  territorial  restoration,  will  doubt- 
less continue  its  efforts  until  successful.  It  will,  on  the  contrary,  be  in 
record  with  the  expressed  wishes  of  the  Greenfield  board,  and  of  a  large 
•minority  of  that  of  Linn.  It  will  restore  the  boundaries  to  their  normal 
condition,  will  render  practicable  the  formation  of  subdistricts  of  com- 
pact shape  and  uniform  size,  will  tend  to  secure,  at  an  early  day,  the 
permanent  location  of  school-house  sites  and  subdistrict  boundaries,  and 
it  is  believed  will  contribute  to  the  harmony  and  best  interests  of  the 
•district. 

AFFIRMED. 
ALONZO  ABEKNETHY, 

February  25,  1876.  Superintendent  of  Public  Instruction. 


JOSEPH  HAYS  v.  DISTRICT  TOWNSHIP  OF  CHESTER. 
Appeal  from  Poweshiek  County. 

1 .  APPEAL.  Appeal  may  be  taken  from  the  action  of  the  board  in  laying  the 
subject-matter  of  a  petition  on  the  table. 

'2.  TESTIMONY.  Sufficient  latitude  should  be  allowed  in  the  introduction  of  testi- 
mony to  permit  a  full  presentation  of  the  issues  involved,  even  if  irrelevant 
testimony  is  occasionally  admitted. 

Subdistrict  number  one  is  composed  of  sections  1,  2,  11,  12,  13  and 
14,  and  subdistrict  number  six  of  said  district  township  is  composed  of 
.sections  23,  24,  25,  26,  27,  34,  35  and  36.  A  petition  was  presented  to 
the  board  praying  that  sections  1,  2,  11  and  12  be  made  a  subdistrict. 
"The  board  being  in  session,  a  motion  was  made  to  form  one  subdistrict, 
to  be  composed  of  said  sections,  1,  2,  11  and  12,  and  another  subdistrict 
to  be  composed  of  sections  13,  14,  23  and  24.  This  motion  was  lost, 
reconsidered,  and  again  lost,  when  on  motion  the  whole  subject  was  laid 
•on  the  table. 

Upon  appeal  the  county  superintendent  made  an  order  for  the  forma- 
tion of  two  subdistricts  as  follows:  subdistrict  number  one  to  consist  of 
sections  1,  2,  11  and  12,  subdistrict  number  six  to  consist  of  sections  13, 
14,  23  and  24.  Winchester  Stockwell,  on  behalf  of  the  board,  appeals. 

At  the  hearing  before  the  county  superintendent  the  appellee  moved 
to  dismiss  the  case  for  the  reason  that  the  secretary's  transcript  shows 
the  subject-matter  complained  of  to  be  still  pending  before  the  board, 
.and  that  no  final  decision  or  order  had  been  made  in  relation  to  the  case. 


SCHOOL  LAW  DECISIONS.  63 

From  the  transcript  it  appears  that  the  board  had  twice  refused  by  direct 
vote  to  form  the  subdistricts  in  question.  The  subsequent  motion  to  lay 
the  whole  matter  on  the  table  was  a  convenient  method  of  preventing 
further  discussion.  The  motion  to  dismiss  the  case  was  properly  over- 
ruled. 

One  of  the  errors  assigned  in  the  affidavit  is,  that  the  superintendent 
permitted  the  introduction  of  testimony  pertaining  to  matters  outside  of 
those  presented  by  the  appeal.  If  this  were  true,  which  is  not  apparent 
from  the  record,  it  would  not  form  a  valid  ground  for  reversal. 

Considerable  latitude  should  be  allowed  in  the  introduction  of  testi- 
mony, to  make  a  full  presentation  of  the  issues  of  the  case,  even  if 
irrelevant  testimony  is  occasionally  admitted. 

Some  of  the  residents  upon  the  territory  in  question  have  an  unreason- 
able distance  to  send  to  school.  The  change  made  by  the  superintend- 
ent establishes  two  subdistricts  of  uniform  size  and  shape,  and  will 
probably  permit  the  erection  of  school-houses  on  permanent  sites,  con- 
venient of  access  for  all,  and  it  is  believed  will  eventually  prove  to  be 
for  the  best  interests  of  the  district. 

AFFIRMED. 
ALONZO  ABERNETHY, 

April  15,  1876.  Superintendent  of  Public  Instruction. 


MARY  M.  THOMPSON  v.  DISTRICT  TOWNSHIP  OF  JASPER. 
Appeal  from  Adams    County. 

1.  TEACHER.    When  a  teacher  is  dismissed  in  violation  of  his  contract,  an  action 
in  the  courts  of  law  will  afford  him  a  speedy  and  adequate  remedy;  when  dis- 
charged for  incompetency,  dereliction  of  duty,  or  other  cause  affecting  his 
qualifications  as  a  teacher,  he  has  the  right  of  appeal. 

2.    .    The  teacher  is  entitled  to  the  counsel  and  co-operation  of  the  sub- 
director  and  board  in  all  matters  pertaining  to  the  conduct  and  welfare  of  the 
school. 

The  board  discharged  Miss  Mary  Thompson  for  dereliction  of  duty  as 
teacher  in  one  of  the  public  schools  of  the  district.  She  appealed  to  the 
county  superintendent  who  reversed  their  decision;  from  this  action,  the 
board  through  their  president,  John  McDevon,  appeals. 

At  the  hearing  before  the  county  superintendent  the  board  filed  a 
motion  to  dismiss  the  case  for  want  of  jurisdiction,  insisting  that  the 
teacher  having  been  dismissed  in  accordance  with  the  provisions  of  sec- 
tion 1734,  her  proper  remedy  was  an  action  at  law  for  damages. 

When  a  teacher  is  dismissed  in  violation  of  his  contract,  an  action  in 
the  courts  of  law,  on  the  contract,  will  afford  him  a  speedy  and  adequate 


£4:  SCHOOL  LAW  DECISIONS. 

remedy;  when  discharged  for  in  competency,  dereliction  of  duty,  or  other 
cause  affecting  his  qualifications  as  a  teacher,  he  has  the  right  of  appeal 
to  the  county  superintendent,  who  is  the  proper  officer  to  review  ques- 
tions of  this  character,  and  to  determine  whether  the  board  have  in  the 
exercise  of  their  authority  violated  the  law  or  abused  their  discretionary 
power.  Questions  concerning  the  validity  of  contracts,  the  right  to- 
recover  for  services  performed,  and  the  interpretation  of  law,  belong- 
especially  to  judicial  tribunals.  Questions  concerning  the  character  and 
qualifications  of  the  teacher,  and  his  management  of  the  school,  are, 
by  appeal,  within  the  jurisdiction  of  the  county  superintendent.  The 
motion  to  dismiss  was  properly  overruled. 

The  charges  of  dereliction  were  want  of  promptness  in  commencing 
school  in  the  morning,  and  an  occasional  refusal  to  hear  the  recitation  of 
one  or  more  of  her  pupils.  For  this  dereliction  there  appears  to  have 
been  some  extenuating  circumstances.  Under  the  contract  it  was  the 
subdirector's  duty  to  have  fires  built.  The  boy  employed  to  do  this- 
work  often  failed  to  have  the  school-house  in  comfortable  condition  at 
nine  o'clock.  The  teacher  usually  made  up  lost  time  by  teaching  after 
four  o'clock,  and  there  is  no  evidence  that  the  subdirector  or  board  ever 
advised  her  with  regard  to  the  performance  of  her  duties.  The  board 
convened  at  the  school-house  without  previous  notice  to  the  teacher,  and 
after  taking  the  testimony  of  some  of  her  pupils,  unanimously  voted  to- 
discharge  her.  AFFIRMED. 

ALONZO  ABEBNETHY, 

May  8,  1876.  Superintendent  of  Public  Instruction. 


S.  W.  WOODS  et  al.  v.  DISTRICT  TOWNSHIP  OF  BRIGHTON. 
Appeal  from  Cass  County. 

1.  BOARD  OF  DIRECTORS.    The  acts  of  the  board  must  be  presumed  to  be  regu- 
lar, and  should  be  affirmed  on  appeal  unless  positive  proof  is  brought  to  show 
the  contrary. 

2.  SCHOOL-HOUSE  SITE.    The  prospective  wants  of  a  subdistrict  may  properly 
have  weight  in  determining  the  selection  of  a  site,  when  such  selection  be- 
comes necessary,   but  not  in  securing  the  removal  of  a  school-house  con- 
veniently located  for  the  present. 

3. .     To  make  a  distinction  between  the  children  of  freeholders  and 

those  of  tenants  in  determining  the  proper  location  for  a  school-house,  is  con- 
trary to  the  spirit  and  intent  of  our  laws. 

The  board  by  a  vote  of  five  to  two  rejected  a  petition  asking  the  re- 
moval of  the  school-house  in  subdistrict  number  eight.  On  appeal  the 
county  superintendent  reversed  the  action  of  the  board,  and  ordered  the 


SCHOOL  LAW  DECISIONS.  65 

removal  of  the  school-house  to  the  place  named  in  the  petition.  Wm. 
F.  Altig  appeals. 

Subdistrict  number  eight  contains  sections  27,  28,  33,  34,  and  sixty 
acres  lying  in  section  32,  and  has  a  good,  commodious  school-houser 
erected  three  years  ago,  one-half  mile  west  of  the  center,  on  arpnblic 
road  passing  east  and  west  through  the  center  of  the  subdistrict.  There 
are  about  thirty  children  of  school  age  in  the  subdistrict,  twenty-two  of 
whom  reside  in  the  western  half,  and  nineteen  west  of  the  present  site. 
All  those  residing  east  of  the  present  site,  except  one  child,  are  within  a 
mile  and  a  half  of  the  school-house,  while  by  the  proposed  removal,  a 
large  number  would  be  at  a  greater  distance. 

The  action  of  the  board  in  refusing  to  remove  a  school-house  should 
not  be  interfered  with  on  appeal,  except  upon  evidence  of  violation  of 
law,  or  abuse  of  discretionary  power.  In  this  case  there  is  no  evidence 
of  such  abuse.  The  prospective  wants  of  a  subdistrict  may  properly  have 
weight  in  determining  the  selection  of  a  site  upon  which  to  build  a  school- 
house,  when  such  a  selection  becomes  necessary,  but  not  in  determining 
the  removal  of  a  house,  located  conveniently  for  the  present  wants  of  the 
subdistrict. 

It  appears  that  a  considerable  portion  of  the  school  population  consists 
of  the  children  of  tenants,  and  much  stress  is  laid  upon  the  assumed  dis- 
tinction that  should  be  made  between  the  children  of  tenants  and  those 
of  freeholders,  in  determining  the  proper  location  of  the  school-house. 
Distinctions  based  upon  the  ownership  of  property,  or  permanence  of 
residence  are  not  made  in  the  law,  would  not  well  comport  with  the  funda- 
mental principles  upon  which  our  public  school  system  is  based,  and 
should  not  have  weight  in  determining  the  location  of  school-house  sites. 
It  is  the  duty  of  the  board  to  provide  equal  school  facilities  for  the  youth 
of  the  district  as  far  as  practicable,  regardless  of  considerations  relating 
to  permanence  of  residence. 

The  school-house  may  properly  be  removed  whenever  the  conditions  of 
the  subdistrict  require  it,  but  unnecessary  expense  should  not  be  incurred 
in  such  removal  in  anticipation  of  possible,  or  even  probable,  changes  of 
this  character. 

R/E  VERSED 

ALONZO  ABERNETHY, 

July  31,  1876.  Superintendent  of  Public  Instruction. 


SCHOOL  LAW  DECISIONS. 


J.  N.  ARTHUR  et  al.  v.  INDEPENDENT  DISTRICT  OF  FAIRWAY. 
Appeal  from  Adams  County. 

H.  SCHOOL-HOUSE  SITES:  Location  of.  The  necessities  of  the  present  must  be 
observed  in  locating  school-house  sites,  in  preference  to  the  probabilities  of 
the  future. 

•2.  NEW  EVIDENCE.  New  evidence  can  be  introduced  only  when  the  facts  mate- 
rially affecting  the  case  could  not  have  been  known  before  the  trial. 

3.  REMANDING  OF  CASES.  When  the  evidence  discloses  that  the  action  of  the 
board  was  an  unwise  one,  and  the  facts  are  not  sufficiently  shown  to  determine 
what  should  be  done,  the  case  should  be  remanded  to  the  board. 

In  this  case  the  board  of  the  independent  district  of  Fairway  made 
;an  order  on  the  26th  of  April  relocating  the  school-house  site;  from  this 
•order  J.  N.  Arthur  and  others,  residents  of  the  district,  appealed  to  the 
'County  superintendent,  and  upon  his  affirming  the  action  of  the  board, 
sto  the  superintendent  of  public  instruction. 

The  district  consists  of  sections  one,  two,  eleven,  twelve,  thirteen  and 
-fourteen,  and  the  old  school-house  stands  near  the  southwest  corner  of 
the  southeast  quarter  of  section  one.  The  proposed  new  site  is  in  the 
morthwest  corner  of  the  southwest  quarter  of  the  northwest  quarter  of 
-section  twelve,  on  a  public  highway,  and  one  quarter  of  a  mile  north  of 
the  geographical  center  of  said  district. 

The  grounds  of  objection  by  the  appellants  to  the  removal  are  substan- 
tially, that  the  new  site  is  on  low  bottom  lands  and  subject  to  overflow, 
not  accessible  at  all  times  of  the  year,  and  that  it  is  not  as  near  the  cen- 
ter of  the  school  population  as  the  old  site.  They  also  suggest  that  a 
location  at  the  cross  roads  one-half  mile  east  of  the  new  site  is  better 
ground  and  more  convenient  to  the  people.  In  fixing  the  school-house 
site,  the  geographical  position  and  the  convenience  of  the  people  of  each 
portion  of  the  district  should  be  considered.  Section  1724,  School  Laws 
of  1876. 

From  the  large  amount  of  testimony  it  is  evident  that  the  new  site 
•chosen  is  in  a  low  place,  and  an  affidavit  sent  to  this  office,  and  signed  by 
a  number  of  residents,  proves  beyond  question  that  the  site  has  been 
overflowed  for  several  days  of  the  last  month.  By  a  close  comparison  it 
is  found  that  the  number  of  residents  who  will  have  their  distance  to 
school  increased  by  choosing  the  new  site,  is  greater  than  of  those  who 
will  have  their  distance  diminished.  By  locating  the  school-house  at  the 
•cross  roads,  one-half  a  mile  east  of  the  proposed  new  site,  which  location 


SCHOOL  LAW  DECISIONS.  67 

is  claimed  to  be  higher,  and  therefore  less  liable  to  overflow,  three- 
fourths  of  the  residents  will  have  their  distance  diminished  by  forty  to 
one  hundred  and  sixty  rods. 

Although  it  may  be  true,  as  is  affirmed  in  the  testimony,  that  the  west- 
ern part  of  the  district  is  as  capable  of  settlement  as  the  eastern  part»  the 
necessities  of  the  present  must  be  observed  in  locating  school-house  sites, 
in  preference  to  the  probabilities  of  the  future.  While  it  is  the  rule  of 
this  department  to  sustain  discretionary  acts  of  the  board,  it  seems  that 
in  this  case  the  true  interest  of  all  concerned,  and  justice  to  a  large  por- 
tion of  the  people,  demands  that  the  school-house  should  not  be  moved 
to  the  new  site  chosen. 

To  what  extent  the  high  waters  of  last  month  did  affect  the  other  loca- 
tions under  consideration,  is  not  known  to  this  department,  it  is  therefore 
best  to  let  the  matter  come  up  anew  before  the  county  superintendent  for 
a  rehearing.  The  decision  of  the  county  superintendent  is  therefore  re- 
versed, and  the  case  remanded  for  a  rehearing,  with  the  direction  from 
this  department  that  the  proposed  new  site  is  an  unsuitable  one  for  school 
purposes. 

REVERSED. 
C.  W.  VON  COELLN, 

October  31,  1876.  Superintendent  of  Public  Instruction. 


R.   BUZZARD  v.   INDEPENDENT  DISTRICT  OF  LIBERTY. 
from  Monroe  County. 


QUOJ\VARRANTO.  The  only  proper  means  of  affirming  the  right  to  exercise  the 
privileges  of  an  office,  or  to  contest  the  illegal  exercise  of  the  same,  is  set  forth 
in  sections  3345-3352. 

This  is  an  action  brought  to  compel  the  board  of  the  independent  dis- 
trict of  Liberty  to  recognize  R.  Buzzard  as  a  member  elect. 

The  evidence  in  the  case  seems  to  show  that  the  appellant  was  duly 
elected  and  qualified.  On  presenting  himself  at  the  meeting  of  the 
board,  he  was  by  vote  of  the  board  debarred  from  acting,  and  another 
person  admitted  as  a  member.  From  this  order  of  the  board  he  appealed 
to  the  county  superintendent,  who  dismissed  the  case  for  want  of  juris- 
diction. From  this  action  R.  Buzzard  appeals. 

It  has  been  the  uniform  decision  of  this  department  that  the  right  or 
title  to  office  cannot  be  determined  by  any  authority  other  than  a  court 
of  u[law.  W  e  are  compelled  to  agree  with  former  opinions,  by  supreme 
court^decisions,  16  Iowa,  371,  17  Iowa,  368,  22  Iowa,  75,  in  which  the  fact 


68  SCHOOL  LAW  DECISIONS. 

that  an  information  quo  warranto  is  the  only  proper  means  legally  to 
affirm  the  right  to  exercise  the  privileges  of  an  office  or  to  contest  the 
illegal  exercise  of  the  same,  is  clearly  set  forth. 

In  all  cases  over  which  we  have  jurisdiction,  our  decision  is  final; 
hence,  if  for  no  other  reason,  we  cannot  assume  jurisdiction  in  this  mat- 
ter, as  both  parties  have  access  to  the  courts,  as  provided  by  sections 
3345-3352  of  the  Code.  The  county  superintendent  therefore  very 
properly  decided  to  dismiss  the  appeal,  and  his  order  is  hereby 

AFFIRMED. 
C.  W.  VON  COELLN, 

July  2,  1877.  Superintendent  of  PMic  Instruction. 


J.  J.  WILSON  et  al.  v.  DISTRICT  TOWNSHIP  OF  MONROE. 
Appeal  from  Mahaska  County. 

1.  COUNTY  SUPERINTENDENT:    Jurisdiction  of.    The   county  superintendent  is 
not  limited  to  a  reversal  or  affirmance  of  the  action  of  the  board,  but  he  deter- 
mines the  same  questions  which  they  had  determined . 

2.  SCHOOL-HOUSE  SITE:    Location  of.     The  location  of  a  school-house  can  be 
dependent  upon  a  change  of  boundaries  only  when  it  is  shown  in  evidence  that 
it  is  the  definite  and  positive  intention  to  make  such  a  change. 

3.  CONDITIONAL  RULING.     A  county  superintendent  may  make  a  conditional 
ruling,  by  which  his  own  decision  is  governed. 

On  the  14th  day  of  April,  1877,  the  board  of  the  above  named  dis- 
trict township  located  the  site  for  a  school-house.  From  their  action  J.  J. 
Wilson  and  others  appealed  to  the  county  superintendent,  alleging  that 
the  board  had  erred  in  making  the  location,  in  that,  by  reason  of  dis- 
tance owing  to  the  location  of  the  roads,  the  location  as  made  effectually 
deprived  many  of  the  subdistrict  of  the  privilege  of  attendance  at  school. 
On  trial,  the  county  superintendent  reversed  the  action  of  the  board  and 
located  a  new  site.  From  his  decision  the  board  appealed  to  this 
department,  claiming  that  the  county  superintendent  erred  in  selecting 
a  site  entirely  different  from  those  with  reference  to  which  testimony  was 
taken;  that  it  is  on  the  extreme  east  line  of  said  subdistrict,  and  hence 
cannot  be  called  at  all  central;  that  the  board  took  into  account  in  making 
the  location  the  possibility  of  a  change  in  the  northern  boundary  of  the 
subdistrict,  which  would  make  the  situation  chosen  a  suitable  one  for  the 
remaining  subdistrict;  that  a  portion  of  his  decision  was  conditional  and 
void;  and  that  the  board  did  not  abuse  the  discretion  vested  in  them  by 
making  the  location  as  they  did. 


SCHOOL  LAW  DECISIONS.  69 

The  assumption  that  the  county  superintendent  did  not  have  the  right 
to  locate  a  school-house  site  differing  in  location  from  the  one  made  by 
the  board,  or  the  one  petitioned  for  by  the  appellants,  is  a  mistake.  See 
John  Clark  v.  District  Township  of  Wayne,  School  Law  Decisions  of  1876, 
page  47;  also  the  opinion  of  the  attorney  general  in  Iowa  School-Journal 
for  April,  1866,  in  which  the  following  ruling  was  made:  "The  county 
superintendent  is  not  limited  to  a  reversal  or  affirmance  of  the  action  of 
the  board,  but  he  determines  the  same  questions  which  it  had  deter- 
mined." 

The  nature  of  the  subdistrict  is  peculiar.  It  is  long  and  narrow,  and 
its  western  boundary,  the  North  Skunk  river,  which  also  makes  nearly 
all  its  southern  boundary,  is  a  disturbing  element  when  we  attempt  to 
locate  the  site  of  a  school-house  to  accommodate  all  the  people.  While 
under  ordinary  circumstances  a  site  near  the  boundary  of  a  subdistrict 
would  be  unadvisable,  in  this  case  it  seems  necessary,  unless  additional 
road  facilities  can  be  secured.  The  site  selected  by  the  county  superin- 
tendent is  clearly  the  one  best  calculated  to  accommodate  the  whole  sub- 
district  as  constituted  at  present. 

The  location  of  a  school-house  site  can  be  dependent  upon  a  change  of 
boundaries  only  when  it  is  shown  in  evidence  that  it  is  the  intention  of 
the  board,  or  boards,  to  make  such  change.  E.  Gosting  v.  District 
Township  of  Lincoln.  In  this  case,  it  is  not  claimed  that  any  change  is 
actually  intended  or  expected.  The  limit,  as  made  provisionally  by  the 
county  superintendent,  of  thirty  days  for  such  changes  of  road&as  would 
make  a  more  central  location  feasible  and  desirable,  was  too  short  a  time, 
under  the  provisions  of  law,  to  effect  the  result.  For  that  reason  we  shall 
extend  the  time  for  the  establishment  of  a  road  to  ninety  days  from  the 
date  of  his  decision,  or  to  such  time  as  the  board  of  directors  may  show 
to  be  necessary  to  establish  the  road,  provided  that  immediate  steps  shall 
be  taken  to  bring  about  the  result,  if  desired. 

The  discretion  of  the  board  was  evidently  abused  in  not  providing 
equal  school  facilities  for  those  living  in  the  northern  portion  of  the  sub- 
district,  by  their  location  of  the  school-house  site. 

In  case  the  road  contemplated  is  secured,  the  board  may  locate  the  site 
thereon,  as  near  the  center  of  the  subdistrict  as  good  and  suitable  ground 
can  be  found.  If  no  steps  are  taken  to  secure  such  a  road,  or  in  case 
the  road  cannot  be  procured,  the  location  last  chosen  by  the  county 
superintendent  is  to  be  regarded  .as  the  site,  and  his  decision  is  hereby 

AFFIRMED. 
C.  W.  VON  COELLN, 

August  7,  1877.  Superintendent  of  Public  Instruction. 


70  SCHOOL  LAW  DECISIONS. 


KENNON,    ORME,  et  al.  v.  INDEPENDENT  DISTRICT  NUMBER  FOUR,   NOD- 
AWAY  TOWNSHIP. 

•    Appeal  from  Adams   County. 

1.  SCHOOL-HOUSE  SITE.     The  choice  of  a  school-house  site  by  the  electors  has  no 
binding  effect. 

2.  DISCRETIONARY  ACTS.     Since  the  board  have  original  jurisdiction,  their  dis- 
cretionary acts  should  not  be  interfered  with  by  an  appellate  tribunal,  although 
not  agreeing  with  their  judgment,  unless  they  violated  law,  showed  prejudice 
or  malice,  or  abused  their  discretion  in  such  manner  as  to  require  interference. 

At  the  annual  meeting  in  March,  1877,  the  electors  of  independent 
district  number  four,  Nodaway  township,  voted  to  issue  bonds  to  build 
a  school-house,  not  specifying  where  to  build  said  house.  The  board 
called  an  informal  meeting  of  the  electors,  which  was  held  May  12,  to 
give  expression  to  their  views  as  to  the  location  they  would  prefer.  On 
the  second  of  June  the  board  made  a  location  differing  from  the  one 
which  a  majority  of  the  electors  had  indicated  as  their  choice.  From 
this  order  of  the  board,  Kennon,  Orme  and  others  appealed  to  the 
county  superintendent,  who  on  trial  reversed  the  order  of  the  board,  and 
selected  the  site  chosen  by  the  electors  at  the  special  meeting.  David 
Shipley  and  Joseph  Landes.  members  of  the  board,  appeal. 

The  evidence  in  the  case  discloses  a  desire  on  the  part  of  the  board  to 
determine  without  prejudice,  the  best  site.  The  expression  of  the  electors 
as  given,  was  only  suggestive,  and  not  of  binding  force.  If  the  site  had 
been  fixed  by  them  at  the  time  of,  and  in  connection  with,  the  voting  of 
the  bonds,  the  board  would  have  been  compelled  to  follow  those  instruc- 
tions. See  Hubbard  v.  District  Township  of  Lime  Creek,  first  division  of 
syllabus.  But  there  is  no  provision  in  law  for  an  extra  or  special  meeting 
of  electors  to  instruct  a  board  with  regard  to  the  location  of  a  site,  nor 
are  such  suggestions  of  any  force  except  as  an  expression  of  opinion, 
since  the  board  are  by  law  invested  with  the  power  to  locate  sites. 

The  fact  that  one  member  of  the  board  changed  his  mind  with  regard 
to  the  best  location,  shows  that  on  further  consideration  his  judgment  led 
him  to  favor  the  site  best  adapted  to  the  needs  of  the  district,  since  we 
may  not  question  his  motives,  but  must  regard  his  action  as  based  upon 
proper  grounds. 

The  site  chosen  by  the  board  is  near  the  geographical  center  of  the 
district,  and  the  location  of  the  roads,  as  shown  by  the  plat  in  evidence, 
is  such  as  would  not  warrant  us  in  reversing  the  discretionary  act  of  the 
board.  And  even  though  an  appellate  tribunal  does  not  fully  coincide 


SCHOOL  LAW  DECISIONS.  71 

with  the  decision  of  the  board,  it  is  compelled  to  sustain  their  action, 
unless  it  is  proved  conclusively  that  they  violated  law,  acted  with  passion 
or  prejudice,  or  with  manifest  injustice,  since  boards  of  directors  are 
invested  by  law  with  large  discretionary  powers,  and  taving  original 
jurisdiction,  their  acts  are  entitled  to  great  consideration,  and  should  not 
be  reversed  without  the  clearest  reasons.  The  board  are  entitled  to  the 
benefit  of  every  doubt.  See  Bacon  v.  District  Township  of  Liberty, 
School  Law  Decisions  of  1876,  page  150,  Edwards  v.  District  Township 
of  West  Point;  also  Brown  v.  District  Township  of  Van  Meter. 

The  superintendent  should  have  affirmed  the  action  of  the  boar'd,  and 
because  we  do  not  believe  that  the  discretionary  power  of  the  board  has 
been  abused  to  such  an  extent  as  to  require  a  reversal,  his  decision  i& 

hereby 

REVERSED. 

C.  W.  VON  COELLN, 

November  13,  J87T.  Superintendent  of  Public  Instruction* 


T.  J.  DUNLAVY  v.  O.  M.  KLINGINSMITH. 
Appeal  from  Davis  County. 

1.  PUNISHMENT.    The  use  of  the  rod  is  allowable  as  a  last  resort. 

2.  CERTIFICATE:    Revocation  of .     The  inability  to  govern  is  sufficient  reason  for 
withholding  a  certificate  and  for  the  revocation  of  the  same. 

3.    ^  .  A  certificate  which  has  expired  by  limitation  cannot  be  revoked. 

In  this  case  T.  J.  Dunlavy  brought  charges  against  O.  M.  Klingin- 
smith,  the  teacher  of  his  children,  for  brutal  treatment,  the  specification 
being  that  said  Klinginsmith  whipped  Dunlavy's  stepson  cruelly  and 
excessively.  Other  charges  were  first  prepared,  but  finally  withdrawn. 
The  county  superintendent  decided  that  the  charges  were  not  sustained, 
and  Mr.  Dunlavy  appeals  to  this  department. 

The  claim  made  by  appellants  counsel,  that  all  whipping  is  now  nearly 
frowned  down  by  the  people,  if  not  by  the  courts,  does  not  seem  to  be 
well  founded,  when  we  consider  the  strong  position  taken  by  our  own 
court  in  45  Iowa,  250.  That  the  use  of  the  rod  is  the  last  resort  of  a 
good  teacher,  and  is  seldom  used,  we  all  admit;  but  scarcely  an  experi- 
enced educator  will  say  that  the  use  of  the  rod  should  be  absolutely  dis- 
continued. On  the  other  hand,  the  counsel  for  appellee  mistakes  the 
jurisdiction  of  the  county  superintendent,  when  he  claims  that  such  a 
case  as  this  one  cannot  affect  the  withholding  or  revocation  of  a  certifi- 
cate. 


72  SCHOOL  LAW  DECISIONS. 

Although  the  general  character  of  the  teacher  may  be  good,  if  he 
should  fail  to  be  able  to  govern  a  school  without  the  constant  use  of  the 
rod,  and  govern  but  poorly  at  that,  it  is  the  duty  of  the  county  superin- 
tendent to  protect  the  people  from  abuse  by  refusing  to  grant  a  certifi- 
cate, or  if  he  has  granted  it,  he  may  revoke. 

In  the  case  before  us,  it  is  undoubtedly  true  that  the  boy  who  received 
the  whipping  had  provoked  the  teacher  and  deserved  by  his  persistent 
small  offenses  a  severe  punishment.  That  the  punishment  was  severe, 
and  perhaps  too  severe,  is  apparent  from  the  evidence.  There  is,  how- 
ever, no  good  proof  to  show  that  the  teacher  punished  with  malice  or 
intent  to  injure  beyond  a  reasonable  correction. 

The  case  itself  ought  to  have  been  dismissed  by  the  county  superin- 
tendent, because  if  there  was  any  object  in  the  charges,  it  was  for  the 
purpose  of  revoking  the  certificate;  but  a  certificate  expiring  by  limita- 
tion on  the  6th  of  January  could  not  be  revoked  on  the  22d  of  January. 
As  long  as  the  case  was  decided  on  its  merits,  we  feel  obliged  to  sustain 
the  discretionary  act  of  the  county  superintendent. 

AFFIRMED. 
C.  W.  VON  COELLN, 

April  22,  1878.  Superintendent  of  Public  Instruction. 


Z.  DARNELL  v.  INDEPENDENT  DISTRICT  OF  AMITY. 
Appeal  from  Lucas  County. 

1.  SUSPENSION  OR  EXPULSION.  Suspension  or  expulsion  of  a  scholar,  in  an  inde- 
pendent district,  requires  the  action  of  the  board  by  a  majority,  and  the  con- 
currence of  the  president. 

"2.  RECORDS.  The  record  of  the  secretary  must  be  considered  as  evidence,  unless 
there  is  proof  of  fraud  or  falsehood. 

The  majority  of  the  board  of  the  independent  district  of  Amity, 
expelled  Z.  Darnell  from  their  school  for  refusing  to  obey  a  rule  of  the 
teacher.  The  said  Darnell  appealed  to  the  county  superintendent,  who 
affirmed  the  action  of  the  board,  and  an  appeal  is  taken  to  the  superin- 
tendent of  public  instruction. 

Section  1735  requires  a  majority  of  the  board  with  the  concurrence  of 
the  president  in  order  to  suspend  or  expel  a  scholar  for  gross  immorality 
or  persistent  violation  of  the  regulations  or  rules  of  the  school.  This  we 
interpret  to  mean,  that  the  board,  in  regular  or  special  session,  can  by  a 
majority  of  the  board,  with  the  concurrence  of  the  president,  suspend  or 
•expel. 


SCHOOL  LAW  DECISIONS.  73 

While  there  is  some  doubt  in  this  case  whether  there  really  was  a 
meeting  of  the  board,  we  must  accept  the  record  of  the  secretary  as 
correct  so  long  as  there  is  no  proof  of  fraud  or  falsehood. 

Counsel  for  appellant  seems  to  think  that  the  law  requires  a  regular 
trial  and  defense.  The  law  makes  no  such  demand.  The  remedyJor  an 
aggrieved  party  is  an  appeal  before  the  county  superintendent,  where  a 
trial  is  had  and  a  defense  can  be  made. 

The  case  in  controversy  shows  on  the  trial  that  the  young  man,  Dar- 
nell, had  not  obeyed  the  command  of  his  teacher,  who  inflicted  a  slight 
punishment  upon  him  and  others,  fora  disturbance  in  which  both  he  and 
other  boys  had  participated.  If  this  refusal  to  obey  was  persisted  in, 
the  board,  under  section  1735,  had  the  right  to  suspend  or  expel  the  said 
Darnell.  The  offense  for  which  the  punishment  was  given  \»as  perhaps 
•of  trivial  character,  but  the  refusal  to  obey  on  the  part  of  a  young  man 
•capable  of  reasoning,  was  a  serious  offense,  and  must  be  treated  as  such. 

The  expulsion  of  the  young  man  was  undoubtedly  a  severe  measure, 
and  if  the  case  had  been  tried  by  us  de  novo,  we  should  have  substituted 
a  conditional  suspension  until  obedience  was  secured.  But  the  discre- 
tionary act  of  the  board  is  not  tainted  by  malice  nor  passion,  and  there 
is  sufficient  reason  for  sustaining  the  action  of  the  board.  The  decision 
of  the  county  superintendent  is  therefore 

AFFIRMED. 
0.  W.  VON  COELLN, 

June  10,  1878.  '  Superintendent  of  PMic  Instruction. 


WM.  DONALD  v.  DISTRICT  TOWNSHIP  OF  SOUTH  FORK. 
Appeal  from  Wayne  County. 

1.  SALARY  OF  TEACHERS.  The  salary  of  teachers  should  be  in  proportion  to  their 
ability  and  responsibility,  and  not  equal  when  these  circumstances  differ 
materially. 

— .  The  control  of  salaries  is  wholly  within  the  power  of  the  board 
and  cannot  be  determined  by  an  appeal,  because  it  is  not  within  the  jurisdic- 
tion of  county  or  state  superintendent  to  order  the  payment  of  money. 

On  the  18th  day  of  March,  1878,  the  board  of  the  district  township  of 
South  Fork  made  an  order  fixing  the  salaries  of  teachers  in  the  town- 
ship for  the  summer  schools  at  the  uniform  price  of  twenty  dollars  per 
month.  From  this  action  William  Donald  appealed  to  the  county  super- 
itendent,  who  affirmed  the  action  of  the  board.  From  his  decision 

Illiam  Donald  appeals. 


74:  SCHOOL  LAW  DECISIONS. 

It  is  alleged  by  the  appellant  that  the  county  superintendent  erred  in 
deciding  that  the  board  did  not  violate  law  in  voting  that  the  same  amount 
of  salary  should  be  paid  to  the  teacher  in  each  subdistrict.  It  is  claimed 
that  the  board' should  have  provided  for  a  higher  salary  in  some  schools- 
of  the  township. 

The  difficulty  with  appellant's  counsel  is  that  he  believes  the  note  to- 
be  a  part  of  the  law.  My  predecessor  gave  his  own  views  of  the  employ- 
ment of  teachers  and  I  most  fully  agree  with  him  in  his  view.  The  law 
leaves  the  whole  matter  to  the  directors  and  presumes  that  they  will  deal 
equitably.  Unfortunately,  selfishness  is  a  nearly  universal  characteristic 
of  human  kind,  and  too  often  the  majority,  representing  weak  districts,, 
weak  both  in  numbers  and  in  property,  demands  an  equal  distribution  of 
the  money  x>n  hand  for  teachers'  pay. 

The  law  organizing  the  rural  independent  districts,  passed  in  1872? 
arose  from  the  feeling  that  this  selfishness  was  working  injustice  to  little 
towns  and  wealthy  and  populous  subdistricts.  The  creation  of  these 
independent  districts  works  an  injustice  to  the  weaker  districts,  for  it  is 
proper  and  desirable  that  the  wealthier  districts  should  aid  their  weaker 
neighbors  to  sustain  fair  schools. 

With  regard  to  this  case,  we  do  not  see  wherein  the  board  violated 
law.  The  idea  of  prejudice  is  slightly  apparent  from  the  testimony,  but 
not  sufficiently  to  reverse  the  action  of  the  board.  That  equity  has  not 
been  observed  seems  very  evident,  for  it  must  be  presumed  that  a  larger 
school  population  requires  a  better  teacher,  and  if  a  better  and  more 
experienced  teacher  is  needed,  a  better  salary  ought  to  be  paid.  There 
are  other  considerations.  Generally  the  expense  of  living  is  greater  in 
the  town  than  in  the  country.  It  is  also  the  probability  that  a  larger  tax 
is  paid  by  the  town  than  by  the  country. 

We  are  not  able  at  this  distance  to  determine  whether  twenty  dollars 
is  a  sufficient  compensation  for  the  teacher  of  subdistrict  number  four  of 
South  Fork.  But  if  twenty  dollars  is  only  sufficient  compensation  for  the 
country  subdistricts,  it  is  our  belief  that  a  higher  compensation  should 
be  given  for  the  teacher  in  the  town. 

It  is  out  of  our  jurisdiction  to  give  advice  to  the  board  what  to  do  in 
this  case,  after  determining  that  we  have  no  power  to  reverse  their 
action,  but  we  suggest  that  equity  would  be  served  if  they  should  pay 
the  -five  dollars  per  month  assumed  by  Mr.  Anderson.  After  giving  our 
views  thus  in  full,  we  must  agree  with  the  county  superintendent,  and 
therefore  the  decision  of  the  county  superintendent  is 

AFFIRMED. 
C.  W.  VON  COELLN, 

June  29,  1878.  Superintendent  of  'Public  Instruction. 


SCHOOL  LAW  DECISIONS.  75. 

JAMES  JACOBY  et  al.  v.  INDEPENDENT  DISTRICT  OF  NODAWAY. 
Appeal  from  Adams  County. 

1.  SCHOOL-HOUSE  SITE.  A  school-house  site  fixed  by  county  or  state  superin- 
tendent affirming  the  discretionary  act  of  the  board,  allows  the  board  to  exer- 
cise their  discretion  again,  especially  if  material  changes  have  occurred. 

.    The  endeavor  to  show  regard  for  the  expressed  wishes  of  the- 

electors  in  the  choice  of  a  site,  will  be  an  added  reason  in  support  of  the  action 
of  the  board. 

3.  DISCRETIONARY  ACTS.  Suggestions  from  the  electors  upon  matters  entirely 
within  the  control  of  the  board  will  in  no  manner  prevent  the  fullest  exercise 
of  the  discretion  vested  in  the  board  by  the  law. 

In  the  summer  of  18177,  the  board  of  the  independent  district  of  Nod- 
away  located  a  school-house  site.  They  selected  one  not  desired  by  a 
large  majority  of  the  electors,  as  expressed  at  an  informal  meeting  called 
by  the  board.  An  appeal  was  taken  to  the  county  superintendent,  who 
reversed  the  action  of  the  board,  and  in  turn  to  the  superintendent  of 
public  instruction,  who  reversed  the  decision  of  the  county  superintend- 
ent, thereby  sustaining  the  action  of  the  board,  on  the  ground  that  abuse 
of  the  discretion  given  by  the  law  to  the  board,  as  charged,  was  not 
proved. 

Since  the  decision  above  referred  to  was  rendered,  a  dwelling  has  been 
erected  within  twenty  rods  of  the  site  chosen.  Also,  a  material  addition- 
has  been  made  to  the  district  on  its  east  side  of  a  strip  of  land  three  miles 
in  length  and  one-half  mile  in  width. 

At  a  meeting  of  the  board  held  April  22,  1878,  they  relocated  the 
school-house  site,  choosing  the  old  site  in  place  of  the  one  selected  by 
them  last  year.  From  their  action  James  Jacoby  and  others  appealed 
to  the  county  superintendent,  who  affirmed  the  order  of  the  board.  From 
his  decision  D.  Shipley  and  Ed.  Kennedy  appeal. 

This  case  was  before  us  last  year  and  we  affirmed  the  action  of  the 
board  in  selecting  the  new  site,  sustaining  the  discretionary  act  of  the 
board.  Hence,  the  principle  that  a  site  selected  by  the  county  or  state 
superintendent  cannot  be  changed  unless  there  have  been  material 
changes  in  the  district,  does  not  apply.  There  have  been  changes  by 
the  addition  of  new  territory  and  a  dwelling  being  erected  within  less 
than  forty  rods  of  the  proposed  site.  The  choice  of  the  old  site  is  in 
conformity  with  the  wish  of  a  majority  of  the  electors,  and  does  not  prove 
any  abuse  of  discretion,  much  less  a  violation  of  law.  The  action  of  the 
board  is  therefore  sustained,  and  the  decision  of  the  county  superintendent 

AFFIRMED. 
C.  W.  VON  COELLN, 

August  26,  1878.  Superintendent  of  Public  Instruction. 


76  SCHOOL  LAW  DECISIONS. 


L.  E.   COEMACK  v.  DISTRICT  TOWNSHIP  OF  LINCOLN. 
Appeal  from  Adams  County. 

1.  CONTRACTS.    An  appeal  will  not  lie  to  enforce  a  contract. 

2.  JA  NITOKIAL  SERVICES.   If  a  teacher  serves  as  janitor  in  sweeping  the  room  and 
building  fires,  he  should  be  paid  from  the  contingent  fund  for  such  services. 

Mr.  Vandyke,  a  subdirector,  contracted  with  Mrs.  L.  E.  Cormack  as 
teacher  for  the  winter  term  of  school.  The  terms  of  the  contract  included 
that  the  teacher  was  to  receive  twenty-five  dollars  per  month  for  teach- 
ing and  one  dollar  and  twenty-five  cents  a  month  for  building  the  fires 
and  sweeping  the  school-house.  The  board  refused  to  audit  the  full 
account,  which  would  give  the  teacher  pay  for  janitor's  work,  claiming 
that  the  said  subdirector  exceeded  his  authority  in  so  contracting.  Mrs. 
Cormack  appealed  to  the  county  superintendent,  who  reversed  the  action 
of  the  board.  W.  C.  Potter,  president  of  the  board,  appeals. 

This  case  has  evidently  for  its  object  the  securing  of  money  on  contract, 
and  as  section  1836  prevents  county  and  state  superintendents  from  ren- 
dering a  judgment  for  money,  it  has  been  the  common  custom  to  refuse 
to  entertain  any  appeal  in  which  a  contract  is  to  be  decided  by  such  appeal; 
for  this  reason  the  county  superintendent  should  have  dismissed  the  case 
for  want  of  jurisdiction. 

It  may  not  be  out  of  place  here  to  state  that  unless  a  contract  with  the 
teacher  provides  that  building  fires  and  sweeping  the  house  is  included, 
the  board  cannot  lequire  such  service  of  the  teacher.  The  payment  for 
such  services  should  -come  from  the  contingent  fund  and  should  be  spe- 
cifically mentioned.  The  teachers'  fund  is  not  to  be  used  for  paying  for 
janitorial  services. 

Without  deciding  any  question  at  issue,  we  are  of  the  opinion  that  the 
subdirector  did  not  exceed  his  authority  given  him  by  section  1753  when 
he  agreed  to  pay  a  reasonable  sum  for  janitorial  services  besides  the 
twenty-five  dollars  paid  under  instruction  from  the  board  for  teacher's 
services.  But  since  we  do  not  consider  the  case  within  our  jurisdiction 
the  decision  of  the  county  superintendent  is  reversed  and  the  case  dismissed. 

REVERSED. 
C.  W.  VON  COELLN, 

March  1,  1879.  Superintendent  of  Public  Instruction. 

NOTE— -  We  have  since  learned  that  the  teacher  recovered  in  a  suit  in  the  courts  at  law. 


SCHOOL  LAW  DECISIONS.  77 


DISTRICT    No.    2,    HARLAN    TOWNSHIP,    v.    DISTRICT  No.    1,     HARLANT 

TOWNSHIP. 

Appeal  from  Page  County. 

1.  AFFIDAVIT.    The  lack  of  an  affidavit  is  sufficient  ground  to  refuse  a  hearing. 

2.  ARBITRATION.    If  the  county  superintendent  is  asked  to  arbitrate  no  appeal 
will  lie. 

3.  TUITION.     Collection  of  tuition  under  section  1793  cannot  be  done  by  appeal  ta 
the  county  superintendent,  but  must  be  settled  through  the  courts. 

We  fail  to  find  in  this  case  the  affidavit  of  appeal  from  an  action  of 
the  board  of  number  one.  This  of  itself  is  such  an  irregularity  as  to- 
invalidate  the  whole  proceeding.  From  the  secretary's  transcript  and 
the  evidence  we  learn  that  district  number  two  presented  a  bill  of  tuition 
to  district  number  one,  and  that  the  latter  refused  to,  pay  the  same, 
whereupon  the  two  boards  agreed  to  an  arbitration  by  the  county  super- 
intendent. If  this  is  the  transaction  we  have  no  right  to  meddle  with 
such  arbitration,  and  it  should  be  adhered  to  by  both  parties.  If  the- 
case  had  been  regularly  before  the  county  superintendent  on  appeal, 
based  upon  proper  affidavit,  our  opinion  is  that  the  county  superintend- 
ent should  have  dismissed  the  case,  as  it  was  indirectly  a  judgment  for 
money,  which  neither  county  nor  state  superintendent  can  decide.  The 
manner  of  deciding  such  cases  is  indicated  in  section  1793.  The  account, 
if  refused,  should  have  been  presented  to  the  county  auditor,  and  by  him 
be  paid  from  the  next  semi-annual  apportionment.  The  other  board  has 
a  remedy  by  injunction  upon  the  auditor. 

We  would  add  here  that  we  have  held  that  such  a  notice  by  a  secretary 
holds  good  only  for  the  term,  or  for  such  longer  time  as  the  board  may 
agree  upon. 

At  present,  with  the  amendment  made  by  the  seventeenth  general 
assembly,  chapter  41,  no  such  account  can  be  made  except  by  consent  of 
the  county  superintendent,  in  which  case  no  appeal  will  lie. 

With  these  explanations  we  feel  obliged  to  dismiss  the  case  as  not 
within  our  jurisdiction. 

DISMISSED. 
C.  W.  VON  COELLN, 

April  24,  1879.  /Superintendent  of  Public  Instruction. 


78  SCHOOL  LAW  DECISIONS. 


W.  F.  RANKIN  v.  DISTRICT  TOWNSHIP  OF  LODOMILLO. 
Appeal  from  Clayton  County. 

1.  RECORDS.    The  record  of  the  secretary  shall  be  considered  as  evidence,  and 
cannot  be  invalidated  by  parol  evidence  unless  there  is  proof  of  fraud  or 
falsehood. 

2.  TERRITORY:    Transfer  of.    Where  territory  is  to  be  transferred  by  concurrent 
action  of  two  boards  to   the  district  to  -which  it  geographically  belongs,  a 
majority  of  the  members  elect  is  not  necessary,  as  required  for  the  change  of 
subdistrict  boundaries. 

This  appeal  relates  to  the  transfer  of  territory  in  the  civil  township  of 
Cass,  which  has  belonged  to  the  district  township  of  Lodomillo  since 
1856,  to  the  township  to  which  it  geographically  belongs. 

The  board  of  the  district  township  of  Cass  appointed  a  committee  to 
meet  a  committee  chosen  by  the  Lodomillo  board,  to  agree  upon  terms 
of  transfer.  The  district  township  of  Lodomillo  also  appointed  a  com- 
mittee. The  joint  committee  agreed  upon  a  report,  which  the  board  of 
Cass  adopted  September  16,  1878.  On  the  12th  day  of  October,  1878, 
the  Lodomillo  board,  by  a  vote  of  four  of  the  six  members  present  of  a 
board  of  ten,  also  adopted  the  report  and  accepted  the  proposition 
agreed  to  by  the  board  of  Cass. 

From  the  action  of  the  Lodomillo  board  W.  F.  Rankin  appealed  to  the' 
Bounty  superintendent,  who  dismissed  the  case  for  want  of  jurisdiction, 
and  stated  that  the  action  of  the  board  was  plainly  in  violation  of  trie 
law,  since  section  1738  requires  a  majority  of  the  board  to  change  the 
boundaries  of  subdistricts.  From  this  decision  W.  F.  Rankin  appeals. 

The  secretary's  transcript  of  the  transactions  of  the  meeting  of  the 
board  of  Lodomillo,  held  October  12,  1878,  does  not  show  any  irregu- 
larity in  the  transaction,  does  not  show  the  number  of  members  present, 
nor  the  number  of  votes  cast  by  which  the  motion  was  carried. 

According  to  a  well  established  principle  of  law  the  records  of  any 
public  or  private  corporation  must  be  considered  regular,  and  cannot  be 
.  set  aside  by  parol  evidence,  except  under  an  allegation  of  fraud.  Based 
upon  the  evidence  of  the  transcript  the  whole  transaction  was  carried  on 
in  conformity  with  law,  and  we  can  see  no  reason  to  interfere  with  the 
action  of  the  board.  If  we  admitted  the  testimony  of  M.  E.  Axtel, 
showing  that  only  six  members  of  a  board  of  ten  were  present,  and  that 
four  of  these  six  voted  for  the  transfer,  we  would  still  hold  that  said 
transfer  was  legally  made. 


SCHOOL  LAW  DECISIONS.  79 

The  action  of  the  board  was  not  a  change  of  boundaries  of  subdis- 
tricts,  but  a  transfer  under  section  1798.  The  territory  transferred, 
being  part  of  districts  organized  before  the  law  of  1858  took  effect, 
-could  be  transferred  by  concurrent  action  of  the  boards  to  the  district  to 
which  it  geographically  belongs,  and  the  limitation  of  section^  1T38, 
requiring  a  majority  of  the  board  to  change  subdistrict  boundaries,  is 
not  applicable  to  this  case. 

The  appeal  is  brought  from  the  action  of  the  board  which  concurred, 
•and  is  therefore  taken  in  a  proper  manner.  For  the  reasons  set  forth 
the  action  of  the  board  is  sustained  and  the  decision  of  the  county  super- 
intendent is  REVERSED. 

C.  W.  VON  COELLN, 

May  28,  1879.  Superintendent  of  Public  Instruction. 


L.  B.  COLBURN  et  al.  v.  DISTRICT  TOWNSHIP  OF  SILVER  LAKE. 
Appeal  from  Palo  Alto  County. 

1.  EVIDENCE.    To  establish  malice  or  prejudice  on  the  part  of  the  board,  positive 
evidence  must  be  introduced. 

2.  COUNTY  SUPERINTENDENTS.    A  county  superintendent  should  not  ask  the  state 
superintendent  to  decide  a  case  on  appeal  for  him,  but  may  ask  for  an  inter- 
pretation of  law,  either  by  the  state  superintendent,  or  through  him,  by  the 
attorney-general. 

On  the  25th  day  of  August,  1879,  the  board  of  the  district  township  of 
Silver  Lake  fixed  the  location  of  a  school-house  on  the  old  site.  From 
this  order  of  the  board,  L.  B.  Colburn  and  others  appealed  to  the  county 
superintendent,  who  affirmed  the  action  of  the  board,  and  from  this 
decision  the  same  parties  appeal. 

Among  the  errors  enumerated,  the  appellants  urge  that  the  county 
superintendent  erred  in  holding  that  the  board  was  not  actuated  by  pas- 
sion or  prejudice.  We  fail  to  find  any  evidence  establishing  the  exist- 
ence of  such  malice  or  prejudice  on  the  part  of  the  board.  Appellants 
also  claim  that  the  county  superintendent  erred  in  basing  his  decision 
on  the  verbal  opinion  of  the  state  superintendent,  given  prior  to  the 
hearing  of  the  case. 

This  give,s  us  an  opportunity  of  censuring  a  practice  quite  common 
among  county  superintendents  to  ask  the  superintendent  of  public 
instruction  for  his  opinion  in  an  appeal  which  is  pending.  I  have  made 
it  a  universal  practice  to  refuse  answers  upon  the  questions  involved  in 
the  particular  case,  and  have  given  only  general  principles  which  should 


80  SCHOOL  LAW  DECISIONS. 

govern  county  superintendents  in  determining  cases  of  appeal.  These 
general  principles  are  so  well  established  that  an  intelligent  county 
superintendent  ought  to  be  familiar  with  them. 

I  believe  that  I  advised  the  county  superintendent  in  this  case  not  to 
measure  the  respective  distances  of  the  different  locations  from  the  geo- 
graphical center,  before  the  trial  of  the  appeal. 

It  is  proper  for  a  county  superintendent  to  ascertain  the  interpretation 
of  points  of  law,  by  securing  an  opinion  from  this  department,  or  from 
the  attorney-general  through  this  department. 

Without  fully  determining  the  merits  of  the  respective  locations,  we 
must  hold  that  the  board  did  not  abuse  their  discretion  sufficiently  to 
warrant  interference.  The  appellants  failing  to  prove  malice  or  preju- 
dice on  the  part  of  the  board,  their  order  should  stand,  and  the  decision 
of  the  county  superintendent  affirming  their  action  is 

AFFIRMED. 
C.  W.  VON  COELLN, 

March  30,  1880.  Superintendent  of  Public  Instruction. 


WM.  BAKTLETT  v.  DISTRICT  TOWNSHIP  OF  SPENCER. 
Appeal  from  Clay  County. 

1.  APPEAL.    May  be  taken  by  any  resident  elector  of  the  district,  aggrieved  by 
an  action  of  the  board. 

2.  BOUNDARIES.    Must  conform  to  congressional  divisions  of  land. 

3.  SCHOOL-HOUSE  SITE:    Proper  location  of '.    Depends  upon  form  of  subdistrict. 

4.  TERRITORY.    All  territory  must  be  included  within  some  school  district. 

On  the  22d  day  of  October,  1881,  the  board  of  the  above  named  dis- 
trict township  adopted  the  report  of  a  committee  locating  a  site  for  a 
school-house  in  subdistrict  number  nine  on  the  southeast  corner  of  the 
southeast  quarter  of  section  twenty-one.  From  their  order,  William 
Bartlett  appealed  to  the  county  superintendent,  who  reversed  the  action 
of  the  board  and  located  the  site  on  the  northwest  corner  of  the  north- 
east quarter  of  the  southeast  quarter  of  section  twenty-one.  From  this 
decision  of  the  county  superintendent,  C.  F.  Archer  and  D.  A.  Davis 
appeal. 

The  counsel  for  the  appellants  files  a  motion  to  dismiss  the  appeal  on 
the  ground  that  persons  not  parties  to  the  hearing  below  are  debarred 
from  appealing:  to  the  superintendent  of  public  instruction.  It  has  been 
repeatedly  held  that  any  person  aggrieved  may  prosecute  an  appeal  from 
the  decision  of  the  county  superintendent,  unless  the  right  of  appeal  has 


SCHOOL  LAW  DECISIONS.  SI 

been  waived  by  previous  agreement.  See  Edwards  et  al.  v.  District 
Township  of  West  Point,  also  Basting  v.  District  Township  of  Lincoln. 

The  subdistrict  in  which  the  location  was  made  was  formed  by  action 
of  the  board  at  their  regular  meeting  in  last  September.  The  bounda- 
ries fixed  by  the  board  at  that  time,  as  shown  by  the  plats  in  evidence, 
are  the  Little  Sioux  river  and  Prairie  creek  on  the  north,  east  and  south, 
and  the  half  section  line  running  north  and  south  through  sections  eigh- 
teen, nineteen,  thirty  and  thirty-one,  as  the  western  boundary. 

It  is  shown  by  the  plat  that  the  half  mile  strip  on  the  western  side  of 
the  subdistrict  is  supposed  not  to  belong  to  subdistrict  number  nine,  and 
it  is  stated  by  the  county  superintendent  that  this  territory  is  supposed 
to  be  temporarily  attached  to  the  adjoining  township  for  school  purposes. 
We  are  compelled  to  notice  this  irregularity  of  boundaries,  since  the 
proper  location  of  any  school-house  obviously  depends  largely  upon  the 
form  and  extent  of  the  territory  for  which  the  house  is  designed.  Section 

1796,  providing  for  the  creation  of  subdistricts  and  for  subsequent  alter- 
ations in  their  boundaries,  contains  the  following:    "Provided  that  the 
boundaries  of  subdistricts  shall  conform  to  the  the  lines  of  congressional 
divisions  of  land." 

When  government  lines  follow  large  streams,  or  other  bodies  of 
water,  a  division  is  sometimes  formed  containing  less  than  forty  acres, 
but  unless  such  exception  applies,  the  smallest  congressional  division  is 
the  one-sixteenth  of  a  section,  or  forty  acres  in  a  square  form.  In 
fixing  the  boundaries  of  subdistricts  no  smaller  subdivision  can  be  made, 
and  a  forty  acre  tract  must  be  included  in  the  subdistrict,  or  excluded, 
as  a  whole. 

The  only  provision  of  law  by  which  the  half  mile  strip  could  be 
attached  to  the  adjoining  district  township,  is  found  in  section  1797-  The 
transfer  can  be  made  only  when  natural  obstacles  intervene.  It  is  appar- 
ent from  the  plats  in  evidence  that  no  large  unbridged  stream,  or  any 
other  natural  obstacle,  exists.  Hence  we  must  conclude  that  it  is  the 
duty  of  the  board  of  directors  of  the  district  township  of  Spencer  to  pro- 
vide that  the  strip  in  question  shall  be  a  part  of  some  subdistrict.  It 
seems  probable  that  a  portion  of  the  territory  referred  to  will  naturally 
fall  to  subdistrict  number  nine. 

The  county  superintendent  appears  to  have  presumed  that  the  subdis- 
trict would  ultimately  include  all  the  territory  to  the  township  line.  That 
the  territory  does  belong  to  the  district  township  of  Spencer,  unless  it 
has  been  attached  to  the  adjoining  township  in  accordance  with  section 

1797,  there  can  be  no  question. 

Such  being  the  facts  in  this  case,  and  the  evidence  disclosing  that  the 

I^oard  did  not  exercise  that  care  in  selecting  a  site  which  is  desirable 
hen  so  many  interests  are  involved,  we  are  disposed  to  remand  the  case 
8 


82  SCHOOL  LAW  DECISIONS. 

to  the  board,  with  the  suggestion  that  they  adjust  the  boundaries  of  the 
subdistrict,  and  determine  upon  some  other  site  than  the  one  chosen  by 
them,  with  the  intention  to  furnish  the  best  accommodation  to  all  parties . 

REVERSED  AND  REMANDED. 

J.  W.  AKERS, 
February  15,  1882.  Superintendent  of  Pablic  Instruction. 


J.  D.  HANDERSHELDT  v.  DISTRICT  TOWNSHIP  OF  DES  MOINES. 
Appeal  from  Jefferson  County. 

1.  DISCRETION:    Abuse  of.    Is  not  established  by  evidence  showing  that  a  differ- 
ent action  on  the  part  of  the  board  would  have  been  preferred  by  the  electors. 

2.  DISTRICT  ORGANIZATION:     Validity  of.    The   county  superintendent  has  no. 
jurisdiction  to  determine  the  validity  of  district  organization. 

A  petition  was  presented  to  the  board  asking  that  certain  territory  in 
Des  Moines  township  be  set  aside  to  form,  in  connection  with  territory 
to  be  obtained  from  the  independent  district  of  Liberty  number  eight,  a 
new  subdistrict  to  be  known  as  subdistrict  number  nine,  Des  Moines 
township. 

The  board  acted  on  this  petition  and  made  the  following  order:  "  In 
the  matter  of  the  petition  of  J.  D.  Handersheldt  and  Silas  Pearson,  ask- 
ing for  the  formation  of  a  new  subdistrict  to  be  known  as  number  nine, 
in  the  district  township  of  Des  Moines.  All  the  territory  within  the 
boundary  lines  therein  described,  is  hereby  granted,  provided  sufficient 
territory  be  granted  by  the  independent  school  district  of  Liberty  num- 
ber eight,  to  make  a  suitable  and  convenient  subdistrict  as  to  the  amount 
of  territory  and  the  number  of  children  of  school  age;  and  provided, 
that  in  case  the  territory  is  not  granted  by  said  independent  district  of 
Liberty  number  eight,  then  said  territory  hereby  granted  shall  remain 
and  be  a  part  of  subdistrict  number  five,  of  the  district  township  of  Des 
Moines." 

On  the  28th  day  of  April,  1882,  the  board  of  the  district  township  of 
Des  Moines,  at  a  special  meeting,  adopted  the  following  resolution:  "It 
is  hereby  ordered  that  all  action  heretofore  taken  by  the  board  of  the 
district  township  of  Des  Moines,  in  the  formation  and  organization  of 
subdistrict  number  nine,  in  the  above  named  township,  is  hereby 
rescinded." 

From  this  action  of  the  board,  J.  P.  Handersheldt  appealed  to 
the  county  superintendent,  who  upon  hearing  the  case  on  appeal  ren- 
dered the  following  decision:  UA  resolution  passed  rescinding  an  action 


SCHOOL  LAW  DECISIONS.  33 

which  has  not  as  yet  taken  effect,  is  legal,  but  so  far  as  it  concerns  form- 
ation and  organization  which  is  already  completed,  it  is  illegal."  From 
this  action  or  decision  of  the  county  superintendent,  J.  D.  Handersheldt 
appeals. 

It  appears  from  the  transcript  of  the  county  superintendent  4hat  the 
witnesses  were  not  sworn,  as  required  by  section  1834,  School  Laws  of 
1880.  According  to  the  uniform  holding  of  this  department,  a  failure  to 
take  testimony  under  oath  is  fatal  to  the  case,  even  though  from  its 
nature  it  came  properly  before  the  county  superintendent  on  appeal. 

A  brief  examination  will  be  sufficient,  we  think,  to  show  that  this 
action  should  have  been  dismissed  by  the  county  superintendent  for  want 
of  jurisdiction,  since  no  appeal  will  lie  when  the  validity  of  district 
organization  is  involved. 

This  appeal  was  taken  from  the  action  of  the  board  to  the  superin- 
tendent, for  the  purpose  of  determining  whether  or  not  the  board  erred 
in  rescinding  their  former  action  creating  subdistrict  number  nine.  There 
was  very  little  evidence  bearing  on  this,  the  sole  issue  in  the  case.  Wit- 
nesses simply  stated  that  they  were  or  were  not  in  favor  of  subdistrict 
number  nine. 

Such  testimony  can  have  no  bearing  in  an  action  to  establish  error  on 
the  part  of  the  board.  Appellants  set  forth  in  their  affidavit  that  the 
county  superintendent  erred,  in  that  he  refused  to  admit  testimony  to 
show  that  there  never  had  been  any  legal  organization  of  subdistrict 
number  nine.  We  think  such  evidence  was  properly  excluded,  and  yet 
it  is  necessary,  to  enable  any  tribunal  to  arrive  at  a  decision  of  the  case; 
for  if  the  district  was  organized  according  to  law,  then  the  board  com- 
mitted error  in  making  an  order  which  operated  to  discontinue  it,  and 
hence  to  change  boundaries  of  subdistricts  at  a  time  of  year  in  which, 
according  to  our  holding,  it  cannot  be  done.  Upon  the  presumption 
that  the  district  was  legally  organized,  they  committed  error  by  making 
a  change  of  subdistrict  boundaries  without  a  majority  of  the  whole  board. 
Section  1738,  School  Laws  of  1880. 

It  must  therefore  be  determined  whether  the  conditions  upon  which  the 
board  of  Des  Moines  township  granted  the  territory,  were  fulfilled,  or, 
in  other  words,  it  must  be  known  whether  or  not  the  independent 
district  number  eight,  of  Liberty,  concurred  in  the  transfer  of  the  territory. 
But  neither  the  county  superintendent  nor  this  department  is  competent 
to  determine  the  legality  of  a  district  organization,  and  it  is  therefore 
impossible  for  us  to  decide  whether  or  not  the  board  committed  error. 

The  remedy  is  an  application  to  a  court  of  law  for  mandamus  to  com- 
pel the  board  to  recognize  the  subdirector  of  subdistrict  number  nine,  as 
a  school  officer  and  member  of  the  board  of  the  district  township  of  Des 
Moines. 


84  SCHOOL  LAW  DECISIONS. 

Were  the  issues  involved  within  our  jurisdiction,  we  would  not  hesitate 
to  consider  them,  but  as  no  question  of  such  a  nature  is  connected  with 
the  case  it  is 

DISMISSED. 
J.  W.  AKEKS, 
November  2,  1882.  Superintendent  of  Public  Instruction. 


APPLETON  PARK  v.   INDEPENDENT  DISTRICT  OF  PLEASANT  GROVE. 
Appeal  from  Des  Moines  County. 

1.  RECORDS:    Impeachment  of.    Records  not  made  and  certified  to  by  the  proper 
officers  as  required  by  law  are  defective  and  may  be  impeached  by  collateral 
evidence. 

2.  CHARGES.    Must  be  clearly  sustained  by  the  evidence. 

3.  TEACHER.    The  law  provides  that  a  teacher  shall  have  a  fair  and  impartial 
trial,  with  sufficient  notice  to  enable  him  to  rebut  the  charges  of  his  accusers. 

Appleton  Park,  a  school  teacher  of  Des  Moines  county,  was  duly 
engaged  and  contracted  with  to  teach  the  school  in  the  independent  dis- 
trict of  Pleasant  Grove. 

He  began  teaching  on  the  4th  day  of  September,  1882;  after  some  ten 
or  eleven  days  had  expired,  during  which  time  he  had  taught  the  school, 
he  was  waited  upon  by  the  entire  board  of  said  district,  called  to  the 
door  and  informed  that  certain  rumors  were  being  circulated,  to  the 
effect  that  he  had  been  guilty  of  using  obscene  and  vulgar  language  in 
the  presence  of  his  pupils,  and  during  regular  school  hours.  The  board 
called  at  the  school-house  again  about  the  hour  for  closing  the  school  in 
the  afternoon,  and  the  school  having  been  dismissed,  they  proceeded  to 
examine  three  of  the  boys  as  to  the  truth  of  the  charges  above  referred 
to.  The  result  of  this  action  was  that  the  teacher  left  the  school  and  the 
board  employed  another  teacher.  Mr.  Park  appealed  to  the  county  super- 
intendent, who  reversed  the  action  of  the  board,  whereupon  D.  L. 
Portlock,  president  of  the  board,  appeals. 

The  principal  difficulty  presented  in  this  case  seems  to  be  to  determine 
just  what  that  action  or  order  of  the  board  was  from  which  the  appeal 
was  taken.  The  transcript  filed  by  the  secretary  of  the  board,  is  as  fol- 
lows: u  Complaint  being  made  by  some  of  the  scholars  to  the  school 
board,  in  regard  to  the  teacher,  Appleton  Park,  using  indecent,  rough 
and  insulting  language  during  school  time,  the  board  met  at  the  school- 
house  to  make  an  investigation.  The  board  stated  the  above  charges  to 
the  teacher,  Appleton  Park,  who  after  reflecting  upon  the  matter,  pro- 
posed his  resignation  to  the  board.  The  board,  after  due  consideration. 


SCHOOL  LAW  DECISIONS.  85 

accepted  the  same.     The  question  being  settled  in  the  above  way,  and 
no  other  business  before  the  board,  the  board  then  adjourned. 

D.  L.  PORTLOCK,  President. 
F.  A.  FRIDEMAN,  Secretary.  F.  M.  STUCKER,  H.  FLEENOR." 

The  parol  evidence  of  Appleton  Park  was  admitted  to  offset  and  im- 
peach the  record.  This  was  clearly  in  violation  of  well  established  law, 
if  the  record  was  really  what  it  purported  to  be,  a  true  and  authenticated 
copy  of  the  proceedings  of  the  meeting  of  the  board  referred  to. 

Starkie  On  Evidence,  says :  4  'Where  written  instruments  are  appointed, 
either  by  the  immediate  authority  of  law,  or  by  the  compact  of  the  par- 
ties, to  be  the  permanent  repositories  and  testimony  of  truth,  it  is  a 
matter  both  of  principle  and  of  policy,  to  exclude  any  inferior  evidence 
from  being  used,  either  as  a  substitute  for  such  instruments,  or  to  con- 
tradict or  alter  them;  of  principle,  because  such  instruments  are  in  their 
own  nature  and  origin  entitled  to  a  much  higher  degree  of  credit  than 
that  which  appertains  to  parol  evidence;  of  policy,  because  it  would  be 
attended  with  great  mischief  and  inconvenience  if  those  instruments 
upon  which  men's  rights  depend  were  liable  to  be  impeached  and  con- 
troverted by  loose  collateral  evidence/'  Starkie,  part  IV,  p.  995,  Vol. 
Ill,  3d  Amer.  Ed. 

The  fact  that  the  transcript  referred  to  is  not  certified  to  by  the  secre- 
tary, and  the  further  fact  that  he  was  not  present  at  the  board  meeting 
in  question,  and  wrote  the  minutes  as  dictated  from  memory  by  the  pres- 
ident of  the  board,  three  days  after  the  meeting,  fully  justified  the 
superintendent  in  ruling  it  out  and  in  admitting  parol  evidence. 

We  come  now  to  consider  whether  the  trial  before  the  board  was  such 
a  proceeding  as  is  required  by  section  1734.  The  board  called  in  the 
morning  and  informed  the  teacher  of  the  charges  preferred  to  them, 
against  him,  whereupon  he  offered  to  resign.  They  instructed  him  to 
proceed  with  his  school  and  stated  that  they  would  return  in  the  even- 
ing. During  the  day  the  board  worked  up  their  case  against  the  teacher, 
while  he  was  so  employed  as  to  prevent  him  from  giving  thought  or 
attention  to  the  charges,  or  to  the  preparation  of  any  adequate  defense. 

We  must  sustain  the  superintendent  in  finding  that  the  trial  and  oppor- 
tunity to  defend  was  not  what  the  law  intends  every  teacher  shall  have. 
Every  teacher  is  entitled  to  the  sympathy  and  support  of  the  school 
board,  and  where  there  is  any  reasonable  doubt  as  to  the  truth  of  stories 
circulated  by  school  children,  the  teacher  should  have  the  benefit  of  such 
doubt. 

We  believe  that  had  the  board  been  in  sympathy  with  their  teacher  in 
this  instance,  they  would  have  decided  that  the  charges  were  not  sus- 
tained by  the  evidence,  at  least  by  any  evidence  which  appears  of  record. 


86  SCHOOL  LAW  DECISIONS. 

That  the  teacher  offered  to  resign  in  the  evening  does  not  appear  from 
the  evidence  offered  in  behalf  of  the  board,  while  it  does  appear  that  at 
least  one  member  of  the  board  told  him  uhe  had  better  quit." 

We  are  compelled  to  hold  that  the  teacher  was  dismissed,  and  that  in 
doing  so  for  no  sufficient  reason  the  board  erred,  and  the  decision  of  the 
county  superintendent  is  therefore 

AFFIRMED. 

J.  W.  AKERS, 

February  16,  1883.  Superintendent  of  Public  Instruction. 

NOTE— Our  supreme  court  rendered  a  decision  regarding  the  measure  of  damages  resulting 
from  the  wrongful  discharge  of  this  teacher.    The  opinion  is  found  in  65  Iowa,  209. 


H.  D.  FISHER  v.  DISTRICT  TOWNSHIP  OF  TIPTON. 
Appeal  from  Hardin  County. 

1.  SCHOOL-HOUSE  SITE.    When  purchased  by  the  board  the  provisions  of  sections 
1825-1828  do  not  apply. 

2.  LOCATION.    May  be  within  less  than  forty  rods  of  a  dwelling  when  obtained 
by  purchase. 

On  the  28th  day  of  March,  1884,  the  board  ordered  the  purchase  of  an 
acre  of  ground  for  a  school-house  site  on  the  corner  of  section  15,  town- 
ship 87  north,  range  21  west.  H.  D.  Fisher,  who  is  the  owner  of  land 
immediately  adjoining  said  site,  objected  to  the  location,  on  the  ground 
that  the  site  was  within  less  than  forty  rods  of  his  residence.  The  board 
adhered  to  their  decision  in  disregard  of  his  objection,  whereupon 
H.  D.  Fisher  appealed  to  the  county  superintendent,  who  affirmed  the 
action  of  the  board.  H.  D.  Fisher  appeals. 

Affiant  alleges  that  the  board  violated  law  in  purchasing  a  site  within 
less  than  forty  rods  of  his  residence,  against  his  will  and  without  his 
consent.  This  was  the  only  error  assigned  in  his  affidavit  of  appeal  to- 
the  county  superintendent,  and  the  same  is  the  only  error  assigned  in 
the  affidavit  of  appeal  to  the  superintendent  of  public  instruction.  The 
case  will  therefore  be  confined  to  a  consideration  of  the  alleged  griev- 
ance, and  all  argument  of  counsel  and  all  evidence  taken  to  establish  an 
abuse  of  discretion  in  changing  the  location  of  the  house  need  not  be 
considered. 

On  trial  before  the  county  superintendent,  defendant  filed  a  motion  to- 
dismiss  the  action  for  want  of  jurisdiction.  This  motion  to  dismiss  was 
overruled,  and  defendant  excepted.  The  motion  to  dismiss  was  filed  on 
the  ground  that  there  had  been  no  order  or  decision  of  the  district 
township  board  from  which  an ^ appeal  could  be  taken,  and  no  action 


SCHOOL  LAW  DECISIONS.  87 

taken  as  shown  by  the  transcript  of  the  record,  upon  any  matter  affect- 
ing the  rights  of  H.  D.  Fisher. 

The  transcript  of  the  secretary  states  that  on  the  29th  of  March  the 
board  located  the  new  site  on  a  piece  of  ground  bought  of  Ferdinand 
Beckman.  This  was  an  action  from  which  any  person  aggrieved  might 
appeal.  The  appeal  was  based  on  a  charge  that  the  board  had  violated 
law,  and  it  was  proper  for  the  county  superintendent  to  hear  the  case  in 
order  to  determine  whether  the  law  had  been  violated  or  not. 

Counsel  urges  that  the  case  should  have  been  dismissed  because  affiant 
made  no  objection  to  the  location  until  after  the  purchase  of  the  land 
and  until  after  he  was  estopped  for  so  objecting.  But  even  though  the 
neglect  to  object  in  season  would  bar  affiant  from  subsequent  interfer- 
ence, it  was  the  duty  of  the  county  superintendent  to  proceed  with  the 
trial  in  order  to  determine  by  evidence  when  and  how  objection  was 
made.  We  think  that  the  county  superintendent  had  jurisdiction,  and 
the  motion  to  dismiss  was  properly  overruled. 

In  the  eighth  count  of  defendant's  argument  it  is  urged  that  the  county 
superintendent  had  not  original  jurisdiction  to  try  or  to  adjudicate  a 
matter  not  acted  upon  by  the  board.  But  the  removal  of  the  school- 
house  to  the  proposed  location  was  determined  by  the  board,  and  from 
that  action  appeal  was  taken,  and  not  from  their  refusal  to  consider  the 
objection  of  affiant. 

The  ground  of  the  defense  is  the  delay  of  H.  D.  Fisher  to  make  known 
his  objection  to  the  location  of  the  school-house  within  forty  rods  of  his 
dwelling. 

The  county  superintendent  sustains  the  action  of  the  board  for  the 
reason  that  the  site  was  purchased,  affiant  knowing  of  the  intention  of 
the  board  to  purchase  the  ground  and  to  locate  the  house,  and  making 
no  objection  until  after  the  contract  to  move  the  house  had  been  let  by 
the  board. 

Whether  the  decision  of  the  county  superintendent  should  be  affirmed, 
for  the  reasons  assigned,  need  not  be  considered,  as  the  case  will  be 
determined  upon  the  construction  of  the  statute  prohibiting  the  location 
of  a  school-house  within  less  than  forty  rods  of  a  dwelling,  the  owner 
whereof  objects. 

The  case  was  tried  by  the  county  superintendent  and  argued  by  counsel 
on  both  sides  as  coming  under  the  act  authorizing  boards  to  condemn, 
and  to  take  and  to  hold  school-house  sites.  We  think  this  point  worthy 
of  a  careful  examination.  Chapter  124,  laws  of  1870,  first  authorized 
boards  to  take  and  hold  land  for  school-house  sites.  Kecognizing  that 
they  were  conferring  a  dangerous  power,  they  prudently  enacted  certain 
restrictions  to  govern  such  boards  in  the  exercise  of  that  power.  But  it 
it  was  not  intended,  we  think,  to  so  restrict  boards,  except  when  exercis- 


88  SCHOOL  LAW  DECISIONS. 

ing  the  power  therein  conferred.  This  chapter  was  subsequently 
embodied  in  the  Code,  and  is  now  found  in  sections  1825,  1826,  1827, 
and  1828,  School  Laws  of  1880. 

Section  1825 -says:  "It  shall  be  lawful  for  any  district  township  or 
independent  district,  to  take  and  hold,  under  the  provisions  contained  in 
this  chapter,"  etc.  The  provisions  contained  in  this  chapter,  or  in  the 
following  sections,  are  as  follows:  That  the  real  estate  so  taken  shall 
not  exceed  one  acre.  The  site  "so  taken"  must  be  on  some  public 
highway,  at  least  forty  rods  from  any  residence  the  owner  (of  the  resi- 
dence) whereof  objects  to  its  being  placed  nearer.  And  not  in  an 
orchard,  garden  or  public  park. 

It  is  perfectly  clear  that  ground  cannot  be  condemned  in  disregard  of 
any  one  of  these  provisions.  But  the  site  in  question  was  not  con- 
demned and  taken,  but  it  was  purchased  of  a  third  party  and  a  good  and 
sufficient  deed  made  over  to  the  district  township  of  Tipton. 

Do  the  provisions  above  quoted  apply  in  cases  where  sites  are  pur- 
chased? If  any  one  of  them  does,  they  all  do. 

First,  "the  land  so  taken  shall  not  exceed  one  acre."  No  one  would 
hold  that  boards  may  not  buy,  and  districts  hold,  more  than  one  acre  of 
land  for  school-house  purposes,  provided  they  are  limited  to  a  reasonable 
amount.  This  restriction  then,  is  of  no  force  except  in  cases  where  sites 
are  condemned. 

Again,  "and  not  in  any  orchard,  garden  or  public  park."  Does  it 
follow,  therefore,  that  boards  cannot  purchase  an  orchard,  garden,  or 
park,  for  a  school-house  site  if  they  desire  it,  and  the  owner  is  willing  to 
sell?  We  think  not,  by  any  means. 

And  "at  least  forty  rods  from  any  dwelling,  the  owner  whereof 
objects,"  etc.  This  limitation  has  exactly  the  same  force  and  applica- 
tion, and  no  other.  Land  within  forty  rods  of  a  residence  cannot  be 
condemned  if  the  owner  objects.  But  if  a  third  party  is  willing  to  sell 
a  school-house  site,  and  the  district  purchases  and  pays  for  it,  it  is  not 
competent  for  the  owner  of  a  dwelling  to  restrain  the  location  on  the 
ground  that  it  is  within  forty  rods  of  such  dwelling. 

We  think  this  interpretation  of  the  law  borne  out  both  by  its  evident 
meaning  and  its  phraseology. 

We  are  aware  that  it  has  for  many  years  been  the  holding  of  this  de- 
partment that  a  school-house  site,  whether  obtained  by  purchase  or 
otherwise,  could  not  be  placed  nearer  than  forty  rods  to  any  residence, 
the  owner  objecting,  and  it  is  with  regret  that  we  must  reverse  a  ruling 
of  so  long  standing;  but  from  the  fact  that  in  many  thickly  settled  com- 
munities our  school-houses  are  being  crowded  into  sloughs  and  out  of 
the  way  places,  and  the  further  fact  that  it  is  not  warranted  by  law,  we 
are  compelled  to  do  so. 


SCHOOL  LAW  DECISIONS.  89 

We  must,  therefore,  hold  that  the  board  of  the  district  township  of 
Tipton  violated  no  law  in  purchasing  the  site  and  in  ordering  the  re- 
moval of  the  school-house  thereon.  The  decision  of  the  county  super- 
intendent is  therefore 

AFFIRMED. 

J.  W.  AKEBS, 
July  7,  1884.  Superintendent  of  Public  Instruction. 


EZRA  KOONTZ  v.  DISTRICT  TOWNSHIP  OF  LISCOMB. 
Appeal  from  Marshall  County. 

1.  SUBDISTRICTS:    Form  of.    It  is  very  important  that  subdistricts  should  be 
regular  in  form,  and  that  where  it  is  possible,  school-houses  should  be  located 
at  or  near  geographical  centers. 

2.  SCHOOL-HOUSE  SITE.:    Location  of.    The  condition  of  matters  within  the  sub- 
district  should  govern  the  location  of  the  house.     The  attendance  of  parties 
from  an  adjoining  subdistrict  should  not  determine  change  of  site. 

A  petition  was  presented  to  the  board  asking  that  certain  changes  be 
made  in  subdistrict  boundaries,  viz.:  That  the  southwest  quarter  of 
isection  eighteen  be  detached  from  subdistrict  number  four,  and  attached 
to  subdistrict  number  five;  also  that  the  south  half  of  section  twenty-one 
be  detached  from  subdistrict  number  five,  and  attached  to  subdistrict 
number  six.  On  the  16th  day  of  February,  1884,  the  board  granted  the 
prayer  of  petitioners  and  ordered  the  plat  of  subdistrict  boundaries  to 
be  so  altered  as  to  agree  with  the  above  changes.  Ezra  Koontz  appealed 
to  the  county  superintendent,  who  reversed  the  order  of  the  board. 
P.  T.  Beatch,  president  of  said  board,  appeals. 

Subdistrict  number  five  contains  a  little  more  than  five  sections  of  land, 
and  if  the  order  of  the  board  is  sustained  it  will  contain  a  little  more  than 
four  and  one-half  sections.  The  south  half  of  section  twenty-one  formerly 
belonged  to  subdistrict  number  six,  but  was  transferred  to  subdistrict 
number  five  in  order  to  create  better  school  facilities  for  the  children  of 
Ezra  Koontz,  who  lives  on  the  extreme  south  line  of  subdistrict  number 
six,  while  the  school-house  is  at  the  geographical  center,  and  no  public 
road  leading  to  it.  The  electors  of  the  district  township  voted  $1,000  to 
procure  a  highway  for  the  accommodation  of  Mr.  Koontz;  but  this  fund 
was  subsequently  transferred  to  the  teachers'  fund,  and  the  movement  to 
secure  the  highway  was  indefinitely  postponed. 

Mr.  Koontz  is  unfortunately  located,  but  it  appears  from  the  entire 
proceedings  that  there  is  a  disposition  to  remove  the  obstacles  in  his  way. 


90  SCHOOL  LAW  DECISIONS. 

This  is  shown  both  by  the  efforts  to  secure  a  highway  at  the  cost  of  $1,000 
and  in  the  former  action  of  the  board  in  breaking  up  the  regular  form  of 
subdistricts,  in  order  to  include  him  in  number  five.  We  think  it  very 
important  that  subdistrict  boundaries  should  be  regular,  and  that  where 
it  is  possible  school-houses  should  be  located  at  geographical  centers. 

The  action  of  the  board  in  transferring  the  south  half  of  section 
twenty-one  to  subdistrict  number  six,  and  the  southwest  quarter  of  section 
eighteen  to  number  five,  was  wise,  and  should  have  been  sustained.  Mr. 
Koontz  must  seek  to  secure  proper  accommodations  in  number  six,  and 
if  this  proves  to  be  impossible;  he  must  charge  it  to  the  account  of  an 
unfavorable  location. 

It  cannot  reasonably  be  demanded  that  his  property  should  be  included 
in  number  five,  and  the  school-house  in  that  district  be  moved  away 
from  the  center  and  taken  to  the  south  line  of  the  district,  and  away 
from  families  living  in  the  north  of  number  five,  in  order  to  accommo- 
date others  not  living  in  the  subdistrict,  especially  when  it  is  considered 
that  those  living  in  the  north  will  be  compelled  to  send  out  of  their  own 
subdistrict,  in  such  case. 

We  are  compelled  to  hold  that  the  action  of  the  board  should  have 
been  sustained,  and  the  decision  of  the  county  superintendent  is  therefore 

REVERSED. 
J.  W.  AKERS, 

July  21,  1884.  Superintendent  of  Public  Instruction. 


J.  L.  MARSHALL  et  al.  v.  DISTRICT  TOWNSHIP  OF  MARSHALL. 
Appeal  from  Louisa  County. 

1.  SUBDISTEICT.     The  board  may  not  redistrict  so  as  to  abolish  a  subdistrict,  with 
intent  to  prevent  the  building  of  a  house  provided  for  by  the  electors. 

2.  TAXES:    School-house.    Must  be  certified,  collected,  and  expended,  in  accord- 
ance with  the  vote  of  the  electors. 

On  the  22d  day  of  February,  1886,  the  board  abandoned  subdistrict 
number  four,  and  transferred  its  territory  in  parcels  to  adjoining  subdis- 
tricts. J.  L.  Marshall  et  al  appealed  to  the  county  superintendent,  who 
reversed  the  order  of  the  board.  N.  W.  Mackay,  president  of  the  board 
of  directors,  appeals. 

It  is  unnecessary  to  consider  the  real  merits  of  this  case.  The  board 
must  be  reversed  upon  the  ground  that  at  the  meeting  of  the  electors  of 
subdistrict  number  four,  held  in  March,  1885,  a  tax  of  $300  was  voted 
to  build  a  school-house  in  said  subdistrict  number  four. 


SCHOOL  LAW  DECISIONS.  9t 

It  appears  in  evidence  that  this  tax  was  voted,  properly  certified  by 
the  district  board  and  levied  by  the  board  of  supervisors,  and  that  a  por- 
tion, at  least,  has  been  collected.  It  is  not  competent  for  the  board  to 
defeat  a  vote  of  this  kind  by  districting  the  snbdistrict  out  of  existence. 
The  money  must  be  expended  in  accordance  with  the  vote,  and  the  house- 
must  be  built.  Whether  or  not  any  of  the  tax  has  been  collected  is  not 
material.  It  must  be  collected  and  expended  by  the  board  as  directed 
by  the  people. 

The  case  of  Benjamin  v.  District  Township  of  Malaka  et  al.,  50  Iowa, 
648,  is  applicable  here.  The  only  point  of  difference  being  that  in  the 
case  cited  the  tax  had  been  collected  before  action  was  had  by  the  board. 

In  this  case  a  part  only  of  the  tax  has  been  collected,  but  as  stated 
above,  this  is  not  material.  The  equities  of  this  case  may  be  with  the 
board,  but  the  action  of  the  electors  in  voting  to  build  a  house  in  sub- 
district  number  four,  and  in  providing  the  means,  will  bar  the  board r 
and  any  act  calculated  to  avoid  their  mandatory  duty  is  a  violation 
of  law. 

AFFIRMED. 
J.  W.  AKERS, 

September  16,  1886.  Superintendent  of  Public  Instruction. 


J.  B.  B.  BAKER  v.  INDEPENDENT  DISTRICT  OF  WATJKON. 
Appeal  from  Allamakee  County. 

RULES  AND  REGULATIONS.     In  establishing  and  enforcing  regulations  for  the 
government  of  scholars,  the  board  have  a  large  discretion. 

On  the  7th  day  of  June,  1886,  Maud  Baker,  the  daughter  of  the  plaint- 
iff, was  suspended  from  the  public  school  for  repeated  violation  of  a  rule 
of  the  board,  known  as  rule  five,  which  reads  as  follows:  "Any  scholar 
who  shall  be  absent  five  half-days  in  four  consecutive  weeks,  without  any 
excuse  from  parent  or  guardian  satisfactory  to  the  teacher  that  the  absence 
was  caused  by  said  pupil's  sickness,  or  by  sickness  in  the  family,  or,  in 
the  primary  grades,  by  severity  of  the  weather,  shall  forthwith  be  sus- 
pended. No  pupil  so  suspended  shall  be  reinstated  without  a  permit 
from  the  principal." 

Rule  twelve  provides  that  the  principal  of  the  school  may  suspend 
pupils  temporarily,  and  that  he  shall  immediately  notify  the  parent  or 
guardian  of  a  suspended  child  of  such  suspension,  the  notice  to  be  in 
writing,  and  furthermore,  that  he  shall  immediately  inform  the  board  of 
his  action. 


92  SCHOOL  LAW  DECISIONS. 

Maud  Baker  was  absent  without  excuse,  and  when  called  to  account 
for  her  absence  stated  that  she  had  gone  on  a  fishing  excursion,  and  ex- 
pected to  go  the  week  following.  Having  failed  to  render  a  satisfactory 
excuse,  she  was  suspended,  as  above  stated.  Notice  in  writing  was  sent 
to 'the  parent,  as  required  by  rule  five,  and  the  board  informed  of  the 
suspension.  The  board  approved  the  action  of  the  principal.  J.  B.  B. 
Baker  appealed  to  the  county  superintendent,  who  reversed  the  action 
of  the  board.  D.  W.  Keed  appeals. 

The  facts  in  the  case  are  not  controverted.  It  appears  in  evidence 
that  the  suspension  of  Maud  Baker  was  reported  to  the  board,  and  that 
a  special  meeting  of  the  board  was  held  for  the  consideration  of  the  act 
of  the  principal.  Maud  Baker  was  present  at  this  meeting  of  the  board, 
and  the  president  testifies  that  he  read  to  her  the  rule  under  which  she 
had  been  suspended,  and  asked  her  to  give  the  board  some  promise  of 
amendment  in  the  future,  as  a  condition  of  reinstatement,  and  she  replied 
that  she  would  not  make  any  promise  for  the  future,  and  expected  to  go 
fishing  the  following  week. 

The  county  superintendent  finds  that  the  suspension  was  made  in  com- 
pliance with  the  rules  of  the  board  for  the  government  and  regulation  of 
their  schools,  and  that  the  act  of  the  principal  in  suspending,  and  of  the 
board  in  approving  his  action,  was  without  prejudice  or  malice.  The 
board  was  reversed  on  the  ground  that  the  law  does  not  confer  upon  the 
principal,  or  the  board,  power  to  suspend  for  the  cause  for  which  Maud 
Baker  was  suspended. 

The  case  turns,  therefore,  upon  the  power  of  the  board  to  establish 
and  enforce  a  rule  providing  for  the  suspension  of  pupils,  who  are 
absent  a  given  number  of  days,  or  half-days,  without  a  satisfactory 
excuse.  This  point  has  been  fully  discussed  and  settled  by  our  supreme 
court  in  the  case  of  Burdick  v.  Bdbcock^  31  Iowa,  562,  and  need  not  be 
considered  here.  Murphy  v.  Independent  District  of  Marengo  has  been 
cited,  but  does  not  apply,  as  in  that  case  it  is  stated  that  the  offense  for 
which  the  pupil  was  dismissed  was  not  in  violation  of  any  rule  or  regu- 
lation. 

We  are  compelled  to  overrule  the  decision  of  the  county  superintend- 
ent, and  to  sustain  the  action  of  the  board. 

REVERSED. 

J.  W.  AKERS, 
October  23,  1886.  Superintendent  of  Public  Instruction. 


SCHOOL  LAW  DECISIONS.  93 


JAMES  TOMPKINS  v.   INDEPENDENT  DISTRICT  OF  KEYSTONE. 
Appeal  from  Page  County. 

1.  SCHOOL-HOUSE  SITE.    It  is  manifestly  unwise  for  the  electors  to  express  any 
preference  for  a  site,  by  a  vote.     The  remedy  of  any  one  aggrieved  by  the 
action  of  the  board  is  appeal. 

2.  — .    The  board  are  bound  to  take  into  account  any  special  reasons  exist- 
ing which  favor  a  particular  location,  and  a  vote  of  the  electors  to  expend 
school-house  funds  in  a  certain  specified  manner,  may  not  with  safety  be  dis- 
regarded. 

On  the  24th  of  May,  1886,  the  board  located  the  new  school-house  in 
said  independent  district  upon  the  site  of  the  old  house.  At  the  meeting 
of  the  electors  on  the  12th  of  March,  1884,  the  sum  of  one  thousand  dol- 
lars was  voted  to  build  a  school-house  in  Page  Center,  The  board 
regarded  the  designation  of  the  site  as  advisory  only,  and  located  the 
house  one-half  mile  from  Pasje  Center.  James  Tompkins  appealed  to- 
the  county  superintendent  who  found  that  the  board  had  violated  law, 
and  for  this  reason  reversed  their  action.  G.  W.  Stanage  appeals. 

Section  1724  confers  upon  boards  the  power  to  locate  school-house 
sites.  If,  however,  the  location  of  the  school-house  is  coupled  with  and 
designated  in  the  vote  to  build,  the  house  must  be  built  in  accordance 
with  the  vote.  The  transcript  of  the  record  filed  by  the  secretary  con- 
tains the  following  statement:  u  Yoted  a  tax  of  one  thousand  dollars  for 
the  purpose  of  building  a  school-house  in  Page  Center. " 

While  any  attempt  on  the  part  of  the  electors  to  designate  the  precise 
location  of  a  school-house  site  would  be  an  unwarranted  assumption  of 
power,  nevertheless  a  vote  to  build  a  house  in  a  certain  village  or  town 
plat,  in  connection  with  the  vote  to  appropriate  money  for  that  purpose, 
we  think  so  far  concludes  the  board  as  to  location  as  to  require  the 
selection  of  a  site  within  such  specified  limits.  Any  other  holding  would 
open  the  way  to  fraud  and  deception .  We  are  compelled  to  hold  that 
the  board  should  have  selected  a  site  in  Page  Center. 

The  decision  of  the  county  superintendent  is 

AFFIRMED. 
J.  W.  AKEKS, 

November  1,  1886.  Superintendent  of  PuUic  Instruction*. 


SCHOOL  LAW  DECISIONS. 


E.  G.  LEWIS  v.  DISTRICT  TOWNSHIP  OF  WOOLSTOCK. 
Appeal  from  Wright  County. 

SCHOOL-HOUSE  SITE.  Location  of.  A  village  in  a  subdistrict  has  special  claims 
favoring  the  selection  of  a  site  within  its  limits.  The  element  of  distance  to  be 
traveled  by  some  is  largely  overcome  by  the  advantages  of  a  location  in  the 
town. 

The  board  were  petitioned  to  remove  the  school-house  in  subdistrict 
number  three  to  a  site  at,  or  near,  the  village  of  Woolstock,  which  is  sit- 
uated on  the  western  half  of  the  said  subdistrict.  The  petition  was  denied. 
E.  G.  Lewis,  et  al. ,  appealed  to  the  county  superintendent.  The  decision 
of  the  board  was  reversed.  B.  Watkins  appeals. 

The  school-house  in  subdistrict  number  three  is  now  centrally  located, 
and  nearly  one  mile  from  the  village  by  traveled  highway.  There  are 
about  fifty-three  children  of  school  age  in  the  district,  and  it  appears 
from  the  evidence  that  forty-five  of  these  live  within  one-half  mile  of  the 
proposed  new  site.  The  removal  of  the  house  may  increase  the  distance 
now  traveled  by  the  children  of  a  few  families,  but  it  appears  that  in  such 
cases  accommodations  may  be  had  within  about  one  and  one-half  mile  at 
other  schools. 

If  the  nature  of  the  case  is  such  as  to  require  some  changes  in  the 
boundary  lines,  we  think  such  changes  should  be  made,  and  the  school- 
house  located  in  the  village,  and  for  the  following  reasons:  The  children 
from  the  rural  portions  of  the  district  can  travel  to  and  from  the  village 
much  more  conveniently  than  those  from  the  village  can  attend  in  the 
country.  The  course  of  trade  brings  the  parent  to  the  market  in  the 
morning,  and  the  movement  of  conveyances  will  therefore  afford  many 
conveniences  toward  reaching  the  school  from  the  country,  and  of 
returning  in  the  evening.  But,  on  the  other  hand,  there  is  no  regularity 
of  travel  to  the  country  in  the  forenoon,  so  that  when  walking  is  bad,  or 
impossible,  conveyances  would  be  required  for  the  sole  purpose  of  taking 
children  to  the  school.  Besides,  the  great  majority  of  those  who  live  in 
the  village  have  no  means  of  carrying  their  children  a  distance  to  school, 
while  the  farmer  is  seldom,  if  ever,  without  them. 

There  is  a  reason  why  the  school  should  be  convenient  for  children  in 
the  village,  which  does  not  exist  as  to  children  of  the  country.  The 
village  has  many  evil  resorts,  where  children  are  led  into  vice,  which  are 
not  incident  to  the  country.  All  children  should  be  kept  regularly  in 
school,  but  the  reasons  for  this,  as  applied  to  village  and  town  children, 
are  much  stronger  than  as  applied  to  those  of  the  country. 


SCHOOL  LAW  DECISIONS.  95 

The  village  must  be  supplied  with  a  school,  and  in  the  case  before  us, 
If  the  house  is  not  located  at  the  village,  the  result  in  the  near  future  will 
be  two  schools  for  this  subdistrict.  We  are  compelled  to  hold  that  the 
board  erred  in  refusing  to  grant  the  petition.  The  decision  of  the  county 
superintendent  is 

AFFIRMED. 
J.  W.  AKERS, 
September  14,  1887.  Superintendent  of  Public  Instruction. 


J.  A.  COUSINS  v.  INDEPENDENT  DISTRICT  TOWNSHIP  OF  SPIRIT  LAKE. 
Appeal  from  Dickinson  County. 

SCHOOL-HOUSE:  Eemoval  of.  The  removal  of  an  old  house  away  from  the  geo- 
graphical center  and  away  from  the  center  of  population,  without  special 
and  strong  reasons  therefor,  is  an  abuse  of  the  discretionary  power  of  the 
board. 

On  the  6th  day  of  April,  1887,  the  board  passed  an  order  to  move  the 
school-house  known  as  the  Swailes  school-house,  to  a  point  one-half  mile 
west  of  its  present  location.  From  this  order  J.  A.  Cousins  appealed  to 
the  county  superintendent.  The  action  of  the  board  was  sustained.  J. 
A.  Cousins  appeals. 

The  district  borders  on  Spirit  and  adjacent  smaller  lakes,  and  is  very 
irregular  in  its  boundaries.  There  are  about  fifty  children  of  school  age 
living  in  the  district,  most  of  whom  are  favorably  or  adversely  affected 
by  the  change.  But,  considering  both  locations,  there  is  no  material 
change  in  the  distance  traveled  by  all. 

The  present  site  is  at  the  junction  of  an  east  and  west  road,  known  as 
the  Diamond  Lake  road,  with  a  north  and  south  road  known  as  the  Emmet 
County  road.  The  school-house  is  old  and  has  recently  been  repaired  at 
a  cost  of  $60.  As  now  located  there  are  seven  children  two  miles  from 
the  school-house.  Twelve  children  will  be  two  miles  from  the  new  site. 
We  are  unable  to  find  in  this  case  any  good  and  substantial  reason  for 
this  change  of  location. 

The  present  site  is  central  and  nearer  the  center  of  population,  so  far 
as  we  can  determine  from  the  map  submitted  as  a  part  of  the  transcript. 
It  is  at  a  cross  roads,  which  is  very  desirable.  The  lease  to  the  present 
site  expires  in  about  five  years.  By  that  time  the  old  house  will  in  all 
probability  be  worthless  and  a  new  one  will  be  needed  to  take  its  place. 

The  electors  at  their  last  March  meeting  voted  to  build  a  new  house  on 
section  nineteen,  the  site  of  which  is  one-half  mile  west  and  one  and  three- 
fourth  miles  north  of  the  present  site. 


96  SCHOOL  LAW  DECISIONS. 

We  cannot  avoid  the  conviction  that  in  moving  an  old  house  one-half 
mile  at  an  expense  of  ninety  dollars,  away  from  the  geographical  center,, 
and  away  from  the  center  of  population,  without  special  and  strong  rea- 
sons therefor,  is  an  abuse  of  discretionary  power. 
The  decision  ofjthe  county  superintendent  is 

REVERSED. 
J.  W.  AKERS, 
September  19,  1887.  Superintendent  of  Public  Instruction. 


~D.    A.   BOYER  et  al.  v.   INDEPENDENT  DISTRICT  NUMBER   Two,  DUTCH 

TOWNSHIP. 

Appeal  from  Washington  County. 

1.  BOARD:    Discretionary  power  of.     In  the  absence  of  proof  that  the  board  have 
abused  the  authority  given  them  by  the  law,  their  orders  will  not  be  set  aside, 
although  another  decision  might  to  many  seem  preferable. 

2.  SCHOOL-HOUSE  SITE:    Location  of .    When  purchased,  the  provisions  of  section 
1825  do  not  apply.    The  district  stands  in  the  same  relation  to  the  public  and 
to  individuals,  in  this  respect,  as  do  other  corporations,  and  may  purchase  and 
convey  real  estate  accordingly. 

On  the  23d  day  of  July,  1887,  the  board  made  an  order  that  the  school- 
house  site  should  be  changed  from  its  present  site,  which  is  near  the 
southwest  corner  of  the  northwest  quarter  of  the  northwest  quarter  of 
section  ten,  to  the  southeast  corner  of  section  four,  and  about  ninety 
rods  due  north.  It  was  also  ordered  that  a  new  school-house  should  be 
built  on  the  new  site.  From  this  order  of  the  board,  D.  A.  Boyer  and 
others  appealed  to  the  county  superintendent.  The  order  of  the  board 
was  reversed,  on  condition  that  appellants  should  secure  the  opening  of 
a  public  road  from  the  present  site  of  the  school-house  to  the  public 
road  running  east  and  west  through  the  southern  portion  of  the  district, 
and  along  the  south  line  of  sections  nine  and  ten.  William  Stevenson 
and  S.  D.  Carris  appeal. 

The  independent  district  in  question  is  composed  of  sections  thirty- 
three,  thirty-four,  three,  four,  and  the  north  half  of  sections  fifteen  and 
sixteen.  Public  roads  enter  east  and  west  along  the  north  line  of  sec- 
tions three  and  four,  and  along  the  south  line  of  the  same  sections.  On 
this  latter  highway  the  new  site  is  located.  From  the  new  site  a  road 
extends  due  south  to  the  old  site.  This  is  the  road,  the  extension  of 
which  is  made  a  condition  in  the  decision  of  the  county  superintendent. 

The  population  of  the  district  is  mostly  along  the  last  named  east  and 
west  highway,  and  in  sections  nine  and  ten  lying  immediately  south  of 


SCHOOL  LAW  DECISIONS.  97 

said  highway.  At  the  annual  meeting,  or  election  of  the  independent 
district  in  question,  held  March,  1887,  a  motion  was  made  to  vote  a  tax 
of  $600  for  the  purpose  of  building  a  school-house  on  the  old  site.  This 
motion  was  lost.  A  motion  was  then  made  and  carried  that  a  tax  be 
levied  to  build  a  school-house,  no  site  being  specified.  This  was  fol- 
lowed by  a  motion  to  build  the  house  on  the  present  site,  which  motion 
was  lost. 

At  a  special  meeting  held  June  18,  1887,  a  motion  was  made  and  car- 
ried to  procure  a  new  site,  and  at  another  special  meeting  held  July  23, 
1887,  the  site  of  the  new  house  was  finally  located  on  the  southeast 
corner  of  section  four.  It  appears  that  the  electors  were  very  much 
divided  in  opinion  as  to  the  location  of  the  new  house,  and  the  majority 
attending  the  March  election  were  opposed  to  locating  it  upon  the  old 
site.  If  the  house  was  to  be  moved  to  the  north,  the  site  selected  by 
the  board  is  as  near,  or  practically  so,  as  the  board  could  have  selected. 
There  is  a  slough  just  north  of  the  present  site,  and  if  moved  at  all  the 
house  must  be  placed  to  the  north  of  this,  which  would  compel  the 
selection  of  a  site  within  a  few  rods  of  the  new  site. 

The  present  site  is  practically  central  both  as  to.  geographical  center 
and  center  of  population,  and  it  would  seem  that  the  presumption  was 
in  favor  of  the  present  site,  while  the  one  selected  by  the  board  is  not 
objectionable  on  account  of  its  location,  unless  the  fact  that  it  is  not  ex- 
actly central  constitutes  an  objection.  Boards  are  given  large  discretion 
in  such  matters,  and  it  has  been  a  rule  of  long  standing  in  this  depart- 
ment not  to  overrule  the  order  of  the  board,  except  in  cases  where  an 
abuse  of  discretion  is  clearly  established.  While  the  old  site  may  be 
equally  good  and  even  better,  we  cannot  set  their  order  aside,  in  the  ab- 
sence of  evidence  going  to  show  that  they  have  abused  the  authority 
which  the  law  gives  them. 

The  county  superintendent  held  that  the  board  had  violated  the  pro- 
visions of  the  law  in  locating  the  new  site  nearer  than  forty  rods  to  a 
dwelling  the  owner  whereof  objects.  The  board  in  this  case  located  the 
site  within  eighteen  rods  of  a  residence,  and  it  is  conceded  that  said 
owner  refuses  her  consent  to  such  location.  Section  1826  provides  that 
a  site  taken  as  provided  in  section  1825  must  be  at  least  forty  rods  from 
any  residence  the  owner  whereof  objects  to  its  being  placed  nearer. 

Section  1825  provides:  "It  shall  be  lawful  for  any  district  township 
or  independent  district  to  take  and  hold,  under  the  provisions  of  this 
chapter,  so  much  real  estate  as  may  be  necessary  for  the  location  and 
construction  of  a  school-house  and  convenient  use  of  the  school;  provided 
that  the  real  estate  so  taken,  otherwise  than  by  the  consent  of  the  owner 
or  owners,  shall  not  exceed  one  acre."  In  the  case  of  H.  D.  Fisher  v. 
District  Township  of  Tipton  it  was  held  that  the  provisions  of  the  act 

7 


98  SCHOOL  LAW  DECISIONS. 

authorizing  boards  of  directors  to  "  take  and  hold  "  land  for  a  school- 
house  site,  do  not  apply  when  the  land  has  been  obtained  by  purchase. 

Counsel  for  appellee  argues  that  the  language  of  the  statute,  the 
words  "take  and  hold,"  includes  acquiring  title  by  purchase  as  well  as 
by  condemnation;  and  that  section  1825  is  the  only  provision  of  law  we 
have  authorizing  school  districts  to  purchase  and  own  school-house  sites. 
Also  that  the  restriction  that  a  school-house  shall  not  be  placed  nearer 
than  forty  rods  to  a  dwelling,  the  owner  objecting,  applies  no  matter 
how  the  site  is  obtained. 

We  cannot  concur  in  this  opinion.  A  school  district  is  a  corporate 
body,  the  nature  and  powers  of  which  are  well  and  clearly  defined  in 
the  statute  which  created  it.  If  land  sufficient  for  a  school-house  site  is 
necessary  to  enable  a  district  to  establish  and  maintain  schools,  it  needs 
no  argument  to  establish  their  authority  to  purchase  such  land.  4A  Iowa, 
564;  69  Iowa,  533.  That  it  was  the  intention  of  the  lawmakers  to  confer 
this  power  upon  school  districts  is  evident  from  the  fact  that  in  section 
1717  the  electors  were  given  the  power  to  vote  a  tax  for  the  purchase  of 
grounds,  etc.  And  this  law  was  enacted  many  years  before  the  law 
empowering  boards  of  directors  to  "take  and  hold"  school-house  sites. 
Counsel  for  appellee  will  hardly  insist  that  previous  to  the  enactment  of 
the  condemnation  law,  all  school-house  sites  were  acquired  and  owned 
without  authority  of  law. 

There  appears  to  be  two  ways  by  which  school  districts  may  acquire 
title  to  land  for  school-house  sites.  The  statute  gives  to  every  school 
district,  as  a  general  and  corporate  power,  the  right  to  buy  land  for 
school  purposes,  and  when  land  has  been  so  purchased,  the  title  or  fee 
is  in  the  corporate  name  of  the  district,  and  even  though  it  ceases  to  be 
used  for  school  purposes,  it  remains  the  property  of  the  school  district 
until  sold  by  the  board  in  obedience  to  the  instructions  of  the  electors. 
They  may  sell  to  any  one  and  for  any  purpose  whatever. 

Second,  by  condemnation  by  the  board  of  directors  under  section  1825. 
The  title  to  land  acquired  under  this  law  is  for  school  purposes  only.  It 
cannot  be  sold  at  all.  When  the  district  ceases  to  use  it  for  school  pur- 
poses, it  reverts  by  operation  of  law  to  the  owner  of  the  fee.  It  appears 
that  the  fee  to  land  obtained  by  condemnation  is  not  in  the  school  dis- 
trict, but  simply  the  right  to  hold  it  for  school  purposes,  while  the  fee 
remains  in  the  original  owner,  and  may  be  conveyed  subject  to  the  title 
of  the  district. 

Sites  obtained  by  purchase  never  revert,  and  the  district  so  purchasing 
owns  the  fee  and  may  transfer  it,  as  has  been  said,  to  any  person  and  for 
any  purpose.  It  is  clear  to  us  that  the  four  restrictions  or  limitations, 
viz.:  that  the  real  estate  "so  taken"  shall  not  exceed  one  acre;  must  be  on 
a  public  highway,  forty  rods  from  the  residence,  etc.,  and  not  in  any 


SCHOOL  LAW  DECISIONS.  99 

orchard,  garden  or  public  park,  apply  only  to  sites  obtained  by  condem- 
nation under  sections  1825-1828  inclusive,  and  that  they  do  not' apply  to 
sites  obtained  by  purchase.  The  reasons  for  this  position  are  fully  set 
forth  in ,  Fisher  v.  District  Township  of  Tipton.  to  which  reference  is  had. 
We  are  unable  to  discover  any  violation  of  law  or  abuee  of  discretion 
which  would  warrant  us  in  setting  aside  the  order  of  the  board. 

KEVERSED. 
J.  W.  AKEKS, 
November  18,  1887.  Superintendent  of  Public  Instruction. 


A.  J.  HOSINGTON  v.  DISTRICT  TOWNSHIP  OF  UNION. 
Appeal  from  Madison  County. 

1.  APPEAL.    The  failure  to  file  the  transcript  within  the  time  mentioned  in  the 
law  will  not  invalidate  the  appeal. 

2.  ADDITIONAL  SCHOOL.    It  is  the  intention  of  section  1725  that  an  attendance  of 
at  least  ten  scholars  may  reasonably  be  expected. 

It  appears  that  at  the  regular  meeting  of  the  board  held  September 
19,  1887,  E.  O.  Storrs  and  others  presented  a  petition  for  an  extra  school 
for  their  convenience.  On  motion  said  petition  was  taken  up  and 
granted.  From  this  action  A.  J.  Hosington  appealed  to  the  county 
superintendent,  who  heard  the  case  in  due  f®rm,  reversing  the  action  of 
the  board.  E.  O.  btorrs  and  others  appeal. 

Counsel  for  appellant  urges  as  error  that  the  district  secretary  failed 
to  file  his  transcript  of  the  record  within  the  ten  days  required  by  sec- 
tion 1832.  The  appellants  claimed  that  the  county  superintendent  had, 
on  this  account,  lost  jurisdiction,  and  moved  to  dismiss  the  case.  The 
county  superintendent  overruled  the  motion.  Did  he  commit  an  error  in 
so  doing  ?  We  think  not.  It  is  true  as  alleged  by  appellants  that  after 
the  expiration  of  the  thirty  days  mentioned  in  sections  1830-1835,  the 
county  superintendent  cannot  entertain  an  appeal.  The  action  referred 
to  in  these  sections  lies  within  the  choice  of  the  aggrieved  party,  the  law 
grants  him  thirty  days  within  which  to  make  his  election.  The  action 
referred  to  in  section  1832  is  mandatory  upon  the  secretary,  he  has  no 
choice,  he  cannot  elect  one  of  two  courses  of  action.  If  he  fails  to  do 
his  duty  within  the  prescribed  time  a  writ  of  mandamus  may  compel  him 
to  act.  But  in  no  case  does  his  failure  to  produce  the  transcript  invali- 
date the  appeal  or  lessen  the  duty  of  the  county  superintendent  to  pro- 
ceed in  the  case. 

Did  the  county  superintendent  err  in  taking  into  account  the  financial 
condition  of  the  district  township?  We  cannot  admit  that  he  did.  While 


100  SCHOOL  LAW  DECISIONS. 

the  want  of  funds  will  not  excuse  a  board  from  maintaining  schools,  this 
department  has  held  that  the  financial  conditions  should  be  considered 
in  ordering  an  extra  school.  In  this  case  the  secretary  testifies  that  the 
funds  avail  able,  will  not  more  than  meet  the  expenses  of  the  seven 
schools  now  in  session. 

The  original  petition  shows  twelve  pupils  of  school  age  for  whose 
accommodation  the  school  is  desired.  This  department  has  held  that  the 
intention  of  the  present  section  1725  is  that  there  must  be  a  probable 
attendance  of  ten  to  warrant  the  board  in  establishing  an  extra  school. 
What  are  the  facts  in  this  case  as  gathered  from  the  evidence?  One 
child  included  is  two  years  old.  In  a  family  having  five  of  school  age 
but  three  are  at  home.  One  of  the  others  is  a  graduate  of  the  Winterset 
high  school,  and  the  other  is  an  attendant  at  the  same  school.  The 
probable  attendance  in  the  extra  school  would  be  only  four  or  five. 

Under  all  the  circumstances  we  believe  the  board  did  not  act  with  due 
discretion,  and  that  the  county  superintendent  was  fully  justified  in  re- 
versing their  action.  The  decision  of  the  county  superintendent  is 
therefore 

AFFIRMED.  % 
HENKY  SABIN, 

February  22,  1888.  Superintendent  of  PMic  Instruction. 


N.  R.  JOHNSTON  v.  DISTRICT  TOWNSHIP  OF  UTICA. 
Appeal  from  Chickasaw  County. 

1.  MANDAMUS.    To  compel  the  performance  of  an  official  duty,  appeal  some- 
times consumes  valuable  time.     Mandamus  is  often  a  more  speedy  as  well  as  a 
better  remedy.  . 

2.  DISCRETIONARY  ACTS.    Action  by  the  board  unduly  delaying  the  final  qonsid- 
eration  of  an  important  matter,  may  be  regarded  as  an  evidence  of  prejudice. 

The  issues  involved  in  this  case  were  the  formation  of  a  new  subdistrict 
to  be  known  as  number  twelve,  and  the  providing  for  a  school  during  the 
winter  of  1887-8,  pending  the  election  of  subdirector  for  the  new  subdis- 
trict. The  case  came  in  due  order  to  the  county  superintendent  on  appeal, 
and  from  his  decision  the  township  board  appeal  to  this  department. 

At  their  meeting  on  the  19th  day  of  September,  1887,  the  board  had 
before  them  a  petition  signed  by  Caleb  Boylan  and  others,  to  redistrict 
number  two,  and  to  form  a  new  subdistrict.  After  various  motions  it  was 
voted  to  adjourn  to  the  second  Saturday  in  February,  1888,  to  consider 
said  petition.  Appeal  was  taken  to  the  county  superintendent. 


SCHOOL  LAW  DECISIONS.  101 

At  the  trial  before  that  officer,  October  27,  1887,  and  adjourned  to 
October  31,  a  motion  was  made  to  dismiss  the  case,  on  the  ground  that 
the  matter  was  still  pending  before  the  township  board,  as  no  final 
action  had  been  taken  by  that  body.  The  motion  to  dismiss  was  over- 
ruled, and  the  county  superintendent  proceeded  to  hear  the  case.-  Did 
the  county  superintendent  commit  an  error?  We  think  not. 

Without  impugning  in  any  way  the  motives  of  the  directors,  their 
action  in  adjourning  to  a  date  as  late  as  the  second  Saturday  of  Febru- 
ary, 1888,  was  calculated  to  delay  and  defeat  the  prayer  of  petitioners. 
The  aggrieved  parties  had  an  undoubted  right  to  appeal,  but  we  regret 
that  they  did  not  avail  themselves  of  the  more  speedy  remedy  of  resort- 
ing to  the  courts.  A  writ  of  mandamus  would  undoubtedly  issue  in  such 
a  case,  compelling  the  directors  to  perform  their  enjoined  duty. 

A  motion  to  dismiss  on  the  ground  that  there  was  no  evidence  to  show 
that  the  board  acted  with  passion,  prejudice,  or  injustice,  was  also  very 
properly  overruled.  The  action  of  the  board  delaying  the  whole  matter 
until  the  second  Saturday  of  February,  1888,  was  in  our  opinion  an  act 
of  manifest  injustice,  which  the  county  superintendent  very  properly 
took  into  account  in  making  up  his  decision. 

The  county  superintendent  reversed  the  action  of  the  township  board 
and  ordered  the  new  subdistrict,  number  twelve,  to  be  formed,  with  an 
extra  school  for  the  winter  of  1887-  8,  in  accordance  with  the  prayer  of 
the  petitioners.  Ought  his  decision  to  be  sustained? 

A  careful  review  of  the  evidence  in  the  case  including  the  plat  ''exhibit 
A,"  shows  that  the  township  of  Utica  is  divided  into  eleven  subdistricts, 
some  of  them  very  large  and  irregular  in  shape.  A  better  division  than  that 
proposed  by  the  formation  of  the  new  subdistrict,  number  twelve,  can 
possibly  be  made.  The  county  superintendent  however  provides  for 
this,  as  his  decision  does  not  prevent  any  changing  of  the  boundaries  of 
subdistrict  lines,  if  necessary  to  facilitate  the  school  privileges  of  the 
township. 

A  new  subdistrict  is  needed  to  furnish  reasonable  school  facilities  for 
the  children  in  that  neighborhood,  and  so  far  as  ordering  the  new  sub- 
district,  to  be  known  as  number  twelve,  is  concerned,  the  decision  of  the 
county  superintendent  is 

AFFIRMED. 
HENKY  SABIN, 

March  15,  1888.  Superintendent  of  Public  Instruction. 


102  SCHOOL  LAW  DECISIONS. 


N.  R.  JOHNSTON  v.  DISTRICT  TOWNSHIP  OF  UTICA. 
Appeal  from  Chickasaw  County. 
APPLICATION  FOR  A  REHEARING. 

REHEARING.  To  justify  the  granting  of  a  new  trial,  a  reasonable  doubt  must 
arise  in  the  mind  of  the  officer  to  whom  application  is  made,  as  to  the  absolute 
correctness  of  his  former  conclusions. 

Comes  now  the  appellant,  the  district  township  of  Utica,  and  asks  for 
a  rehearing  of  the  above  case. 

The  acts  of  a  board  are  recognized  as  mandatory  or  discretionary. 
When  they  are  mandatory,  and  the  board  act'  in  accordance  with  the 
law,  the  aggrieved  party  has  no  remedy  whatever ;  when  they  are  discre- 
tionary the  aggrieved  party  has  a  remedy  in  an  appeal,  which  may  be 
taken  eventually  to  the  superintendent  of  public  instruction,  whose 
decision  is  final. 

Now,  to  say  that  the  discretionary  acts  of  a  board  must  be  sustained 
because  they  are  discretionary,  destroys  the  right  of  appeal  and  takes 
away  the  last  remedy  of  the  aggrieved  party.  The  action  of  the  directors 
should  be  sustained,  unless  they  act  through  passion,  prejudice,  or  mani- 
fest injustice.  Who  is  to  decide  whether  their  action  is  an  abuse  of  dis- 
cretionary power?  Surely  not  the  board  themselves,  nor  the  aggrieved 
party . 

The  question  is  one  upon  which  the  county  superintendent  may  be  called 
to  pass,  and  from  his  decision  an  appeal  may  be  taken  to  the  superintend- 
ent of  public  instruction.  If«the  county  superintendent  in  the  discharge 
of  his  duty  determines  that  the  board  of  directors  have  abused  their  dis- 
cretionary powers,  he  has  power  to  reverse  their  action,  and  this  depart- 
ment should  affirm  his  decision  if  his  conclusions  are  found  to  be  correct. 

In  the  present  case  the  board,  at  the  meeting  on  the  19th  of  September, 
1887,  had  before  them  a  petition  asking  for  the  formation  of  a  new  sub- 
district,  and  a  school  during  the  winter  of  188T-8.  They  postponed  the 
consideration  of  said  petition  until  the  second  Saturday  in  February,  1888. 
The  aggrieved  parties  had  their  choice  between  two  remedies.  They 
could  apply  for  a  writ  commanding  the  board  to  act,  or  they  could  appeal 
to  the  county  superintendent.  They  chose  the  latter;  they  could  have 
chosen  the  former.  See  case  of  Crookshank  v.  District  Township  ofMaine^ 
School  Law  Decisions  1888,  page  88.  Also  35  Iowa,  445,  and  71  Iowa,  632. 

It  is  not  claimed  that  the  writ  could  control  the  action  of  the  board, 
but  it  could  compel  them  to  act  in  the  premises.  See  Hightower  v.  Over- 


SCHOOL  LAW  DECISIONS.  103 

Jiouser  et  al.,  65  Iowa,  350,  Albin  et  al.  v.  Board  of  Directors  of  West 
Branch,  58  Iowa,  77,  and  Case  v.  Blood  et  al.,  71  Iowa,  632. 

The  attorney  for  the  board  of  directors  cite  the  case  of  Marshall  v. 
Sloan,  35  Iowa,  445,  in  support  of  their  position.  In  that  case  the 
directors  acted,  they  rejected  the  petition  and  their  action  was  u  matter 
of  record.  In  the  case  under  consideration  the  directors  postponed  action 
in  such  a  way  as  to  delay  and  possibly  defeat  the  purpose  of  the  peti- 
tioners. In  the  present  case  the  county  superintendent  reversed  the 
action  of  the  board,  because  of  the  injustice  done  to  one  party  through 
the  delay  in  their  action,  and  also  did  only,  on  appeal,  what  the  party 
appealed  from  had  power  to  do. 

Upon  reviewing  the  case  carefully  the  second  time  we  find  that  the 
county  superintendent  reached  a  correct  conclusion  as  to  the  action  of 
the  board,  and  nowhere  exceeded  his  authority.  The  application -for  a 
rehearing  is  therefore  denied. 

HENKY  SABIN, 

March  26,  1888.  Superintendent  of  Public  Instruction. 


JACOB  DECK  et  al.  v.  DISTRICT  TOWNSHIP  OF  EDEN. 
Appeal  from  Decatur  County. 

1.  SUBDISTKICT  BOUNDARIES:  Change  of '.  A  case  involving  a  change  of  subdis- 
trict  boundaries,  having  been  adjudicated  by  the  county  superintendent 
reversing  the  action  of  the  board,  and  being  affirmed  by  the  superintendent  of 
public  instruction,  cannot  again  be  brought  upon  appeal,  unless  it  can  be 
shown  that  some  change  materially  affecting  the  conditions  of  the  case  has 
taken  place  since  the  date  of  the  former  decision. 

2. : .     A  subdistrict  long  established,  embracing  a  territory 

having  a  sufficient  number  of  scholars  to  maintain  a  good  school,  should  not 
be  abolished,  unless  the  general  school  facilities  of  the  township  will  be  im- 
proved thereby. 

On  the  19th  day  of  September,  1887,  the  board  voted  to  abolish  sub- 
district  number  eight.  Jacob  Deck  and  others  appealed  to  the  county 
superintendent,  who  on  the  fifth  day  of  December  rendered  a  decision 
reversing  the  action  of  the  township  board.  The  directors  of  said  dis- 
trict township  appeal. 

The  counsel  for  the  directors  urged  in  their  written  argument  that  the 
county  superintendent  should  be  required  to  send  up  to  this  department 
all  the  evidence  taken  in  the  trial  before  her.  It  was  certainly  the  duty 
of  the  county  superintendent  to  send  up  all  the  evidence  upon  which  she 
based  her  decision.  In  the  absence  of  any  proof  to  the  contrary,  the 


104  SCHOOL  LAW  DECISIONS. 

presumption  is  that  the  transcript  furnished  by  her  contains  all  the  testi- 
mony on  tile  in  her  office.  There  is  no  proof  offered  that  she  has  not 
complied  with  the  law  in  all  respects. 

On  the  26th  day  of  December,  1885,  the  county  superintendent  rendered 
a  decision  reversing  the  action  of  the  board  in  abolishing  subdistrict  num- 
ber eight.  As  no  material  changes  have  taken  place  since  then,  in  the 
condition  of  the  township,  does  that  former  decision  act  as  a  bar  to  any 
further  proceedings  in  this  case?  We  think  not. 

The  principle  enunciated  here  is  undoubtedly  correct.  A  case  involv- 
ing a  change  of  subdistrict  boundaries,  having  been  adjudicated  by  the 
county  superintendent  reversing  the  action  of  the  board,  and  being 
affirmed  by  the  superintendent  of  public  instruction,  cannot  again  be 
brought  upon  appeal,  unless  it  can  be  shown  that  some  change  materially 
affecting  the  conditions  of  the  case  has  taken  place  since  the  date  of  the 
former  decision. 

In  this  case,  however,  the  decision  of  the  county  superintendent  cannot 
act  as  a  bar  to  further  proceedings,  because  the  district  board  did  not 
take  an  appeal.  Such  proceedings  cannot  be  considered  as  final  until 
they  have  been  affirmed  by  the  superintendent  of  public  instruction. 

It  is  urged  that  the  county  superintendent  erred  in  taking  into  consid- 
eration the  distance  which  many  of  the  pupils  must  travel  in  order  .to 
reach  their  school,  if  the  action  of  the  township  board  abolishing  subdis- 
trict number  eight,  is  affirmed.  The  law  does  not  contemplate  that  one 
and  one-half  miles  is  in  all  cases  an  unreasonable  distance.  It  depends 
largely  upon  the  age  of  the  pupil  and  upon,  the  condition  of  the  roads. 
In  the  case  before  us  a  natural  obstacle,  the  Little  Turkey  river,  must  be 
taken  into  consideration.  The  opening  of  additional  roads  and  the  con- 
struction of  a  bridge  would  simplify  matters  somewhat,  but  no  steps 
have  been  taken  to  accomplish  this.  Until  this  is  done,  to  abolish  the 
school  in  number  eight  would  impose  an  undue  hardship  upon  a  large 
number  of  pupils. 

What  are  the  conditions  of  the  school  as  at  present  constituted  ?  The 
report  of  the  secretary  put  in  evidence,  shows  that  the  school  in  number 
eight  will  average  with  other  subdistricts  in  the  number  of  pupils 
enrolled  ;  it  is  above  the  average  in  daily  attendance,  and  below  the 
average  in  cost  of  tuition.  The  board  fail  to  show  that  reduced  numbers 
render  it  expedient  to  abolish  this  subdistrict,  nor  do  they  show  that  the 
township  is  excessively  taxed  to  support  their  schools. 

This  department  has  already  ruled  that  subdistrict.  lines,  which  have 
been  long  established,  embracing  a  territory  having  a  sufficient  number 
of  pupils  to  maintain  a  good  school,  should  not  be  disturbed,  unless  it 
can  be  proved  that  the  general  school  facilities  of  the  township  will  be 
improved  by  the  change. 


SCHOOL  LAW  DECISIONS.  105 

The  board  do  not  show  that  there  is  any  general  benefit  to  be  expected 
from  the  proposed  change  of  boundaries,  nor  do  they  prove  that  any 
•existing  necessity  makes  it  desirable.  The  board  undoubtedly  intended 
to  act  fairly  toward  all,  but  we  think  they  failed  to  properly  consider  all 
the  circumstances  involved  in  their  action.  The  decision  of  the  county 
superintendent  is  therefore 

AFFIRMED. 
HENRY  SABIN, 
March  16,  1888.  Superintendent  of  PuUic  Instruction. 


J.   S.   FOLSOM  et  al.   v.  DISTRICT  TOWNSHIP  OF   CENTER. 
Appeal  from  Cedar  County. 

1.  REHEARING.    To  warrant  a  rehearing,  some  valid  reason  must  be  urged. 

2.  SCHOOL-HOUSE  SITE:    Relocation  of '.     When  it  is  the  evident  intention  of  the 
board  to  relocate  the  site  as   near  as  possible  in  the  center  of  the  subdis- 
trict,  in  order  to  furnish  equal  school  facilities  to  all  the  residents,  their  action 
should  not  be  materially  interfered  with. 

The  transcript  in  this  case  shows  that  on  the  21st  day  of  March,  1887, 
at  a  meeting  of  the  board,  a  committee  was  appointed  to  investigate  the 
needs  of  subdistrict  number  two  and  report  at  the  meeting  in  Septem- 
ber. It  further  shows  that  on  the  19th  day  of  September,  1887,  such 
committee  reported,  recommending  that  the  new  house  be  built  for  said 
subdistrict,  to  be  located  in  the  center  of  the  district.  The  report  was 
received  and  the  committee  discharged.  The  report  was  also  upon  mo- 
tion laid  upon  the  table. 

On  the  19th  day  of  March,  1888,  at  a  meeting  of  the  directors  the  above 
report  was  finally  adopted  and  a  building  committee  was  appointed  to 
confer  with  the  county  superintendent  in  regard  to  plans  and  specifica- 
tions. From  this  decision  of  the  board  Folsom  et  al.  appealed  to  the 
county  superintendent,  and  the  case  was  heard  at  Tipton  on  the  9th  day 
of  April,  1888.  The  records  in  the  county  superintendent's  office  show 
that  the  appellee  consented  to  the  filing  of  an  amendment  to  the  affidavit 
by  appellant,  and  that  the  appellee  filed  a  motion  to  modify  the  decision 
of  the  board,  and  the  trial  then  proceeded.  On  the  llth  day  of  April 
the  county  superintendent  filed  a  decision  reversing  the  action  of  the 
board.  On  the  17th  day  of  April,  1888,  a  motion  was  filed  for  a  rehear- 
ing, within  the  time  given  by  the  county  superintendent.  On  the  19th 
day  of  April,  1888,  the  motion  for  a  rehearing  was  argued  before  the 
county  superintendent  and  overruled.  From  the  decision  of  the  county 


106  SCHOOL  LAW  DECISIONS. 

superintendent  the  board  appealed  to  the  superintendent  of  public  instruc- 
tion, and  the  whole  case  came  up  on  a  hearing  before  him  on  the  5th  day 
of  June,  1888. 

The  first  question  to  be  decided  is:  Did  the  county  superintendent  err 
in  overruling  the  motion  for  a  rehearing?  A  rehearing  of  such  a  case- 
can  be  granted  only  when  it  can  be  shown  that  some  injustice  has  been 
done,  or  some  mistake  has  been  made  which  can  be  corrected  by  a  new 
trial;  or  when  some  additional  evidence  has  been  discovered  which  is  in 
favor  of  the  party  applying,  but  which  could  not  have  been  presented 
before  by  reasonable  diligence.  The  affidavit  upon  which  the  motion 
for  a  rehearing  was  based  failed  to  show  any  such  reasons.  All  the- 
main  points  alleged  therein  had  already  been  ruled  upon  by  the  county 
superintendent,  and  we  think  she  did  not  commit  any  error  in  overruling 
the  motion.  This  also  disposes  of  all  the  testimony  sent  up  in  support 
of  the  motion  for  a  rehearing;  these  affidavits  will  not  be  taken  into 
account  in  the  final  decision  of  the  case. 

It  is  not  necessary  here  to  determine  the  legal  residence  of  William 
Busier.  His  own  testimony  is  that  the  distance  from  his  residence  to» 
the  site  selected  by  the  board  is  one  and  one-fourth  miles.  The  fact  that 
Mrs.  Morgan  does  not  desire  to  send  to  school  is  not  material.  It  is  not 
the  individual  but  the  residence  that  is  to  be  considered.  Some  other 
person  living  at  the  same  place  may  hereafter  desire  school  privileges. 

We  are  now  free  to  approach  the  main  question  upon  which  issue 
is  joined.  The  testimony  shows  that  the  directors  desired  to  relocate 
the  school-house  in  subdistrict  number  two  in  a  more  central  location, 
no  other  reason  is  assigned  for  the  contemplated  removal.  There  is 
nothing  to  show  that  the  present  site  is  unsuitable,  except  that  it  does 
not  well  accommodate  the  pupils  from  the  northern  part  of  the  district. 
In  this  determination  to  relocate  the  site  near  the  center,  there  is  no 
evidence  of  any  abuse  of  discretion  on  the  part  of  the  directors,  and  we 
think  their  action  should  not  be  interfered  with. 

There  is,  however,  evidence  which  shows  that  the  exact  acre  which 
the  committee  staked  out,  is  not  a  desirable  site  for  a  building.  The 
board  themselves  acknowledge  this  in  their  amended  order  by  which  the 
site  is  removed  ten  rods  farther  north. 

The  county  superintendent,  in  her  decision,  locates  the  site  upon  a  piece 
of  ground  known  as  the  "grave-yard  site."  It  is  urged  that  the  county 
superintendent  has  only  appellate  jurisdiction,  and  must  therefore  confine 
her  decision  to  the  two  sites  upon  which  the  parties  joined  issue.  She 
seems  to  have  entertained  some  such  idea,  as  she  sustained  a  motion  to 
rule  out  all  evidence  in  regard  to  the  unsuitableness  of  the  grave-yard 
site  when  such  evidence  was  offered  on  the  original  trial.  We  think  she 
erred,  and  that  such  evidence  should  have  been  admitted. 


SCHOOL  LAW  DECISIONS.  10  T 

In  April,  1886,  the  Hon.  O.  Faville,  then  superintendent  of  public  in- 
struction, obtained  this  opinion  fr,om  Hon.  F.  E.  Bissell,  then  attorney 
general.  "The  case  does  not  come  before  him  (the  county  superintend- 
ent) merely  to  correct  an  error  of  the  board  of  directors,  but  to  hear  and 
decide  the  same  matter  that  the  board  had  decided.  The  county- super- 
intendent is  not  limited  to  an  affirmance  or  reversal  of  the  action  of  the 
board,  but  he  determines  the  same  question  that  the  board  determined." 
See  also  John  Clark  v.  District  Township  of  Wayne,  page  47,  School 
Law  Decisions  of  1876. 

To  this  opinion  the  decisions  of  this  department  have  always  conformed. 
The  county  superintendent  therefore  did  not  go  beyond  her  jurisdiction  in 
selecting  a  site  different  from  any  which  had  been  considered  by  the  board. 

We  cannot  see,  however,  that  the  grave-yard  site  has  any  advantage 
over  the  old  site.  It  is  irregular  in  shape,  and  is  about  as  far  north  of 
the  center  of  the  subdistrict  as  the  present  site  is  south.  In  fact,  its 
selection  as  a  site  for  the  new  building  defeats  the  very  end  which  the 
directors  had  in  view  in  their  action  locating  the  site  in  the  center  of  the 
subdistrict. 

The  case  is  remanded  to  the  board,  with  instructions  not  to  build  upon 
the  site  selected  by  the  committee,  but  to  select  the  best  site  possible 
within  a  distance  not  more  than  forty  rods  from  the  center  of  the  site 
staked  out  by  the  committee;  the  south  corner  of  said  site,  however,  to 
be  at  least  fifteen  rods  north  of  the  south  corner  of  the  committee's  site; 
said  site  also  to  contain  not  less  than  an  acre,  and  to  be  as  nearly  square 
in  form  as  the  circumstances  will  admit. 

The  decision  of  the  county  superintendent  is 

REVERSED. 
HENRY  SABIN, 

June  7,  1888.  Superintendent  of  Public  Instruction, 


108  SCHOOL  LAW  DECISIONS. 


P.  O'CONNOR,  JR.,  v.  DISTRICT  TOWNSHIP  OF  BADGER. 
Appeal  from  Webster  County. 

1.  JURISDICTION.  In  most  matters  with  which  boards  have  to  do  under  the  law, 
their  authority  and  responsibility  are  absolute,  and  their  jurisdiction  is  com- 
plete and  exclusive. 

2- .  A  former  order  of  the  board,  or  a  decision  of  the  county  superin- 
tendent on  appeal,  will  not  operate  to  prevent  the  board  from  exercising  their 
discretion  anew,  when  good  reasons  exist  for  such  action. 

45.      REHEARING.    To  obtain  a  rehearing  the  necessity  must  be  clearly  shown. 

4.  DISCRETIONARY  ACTS.  In  the  exercise  of  discretion,  the  benefit  of  every 
reasonable  doubt  must  be  given  in  favor  of  the  correctness  of  the  official  acts 
of  the  board. 

At  a  special  meeting  of  the  board  held  February  10, 1888,  it  was  voted 
to  remove  the  school-house  in  subdistrict  number  seven,  forty  rods  north 
from  its  present  site.  P.  O'Connor,  Jr.,  appealed  to  the  county  super- 
intendent, who  heard  the  case  on  the  23d  day  of  April  and  affirmed  the 
action  of  the  board.  P.  O'Connor,  Jr.,  appeals. 

The  proceedings  in  this  case  are  regular  and  the  facts  admitted  by 
both  parties.  The  only  point  in  dispute  is  this:  On  the  10th  day  of 
November,  1887,  the  county  superintendent  heard  the  same  case  and 
rendered  his  decision  reversing  the  action  of  the  board.  As  the  directors 
•did  not  see  fit  to  appeal,  and  as  no  material  changes  have  taken  place  in 
the  subdistrict,  it  is  claimed  that  the  decision  of  the  county  superin- 
tendent rendered  November  10,  1887,  must  be  considered  as  final,  and 
that  no  further  proceedings  can  be  had  in  the  case.  If  this  allegation  is 
true  then  the  county  superintendent  committed  error  in  not  dismissing 
the  case. 

Let  us  examine  it  a  moment,  that  we  may  arrive  at  the  intent  of  the  law. 
It  is  plain  that  the  law  reposes  great  confidence  in  the  discretionary  acts 
of  a  board  of  directors.  The  instructions  from  the  department  of  public 
instruction  to  county  superintendents  have  always  been  that  such  discre- 
tionary acts  are  to  be  affirmed  unless  it  can  be  very  clearly  shown  that 
the  board  have  in  pome  way  abused  their  powers;  if  there  is  a  doubt 
even,  the  board  are  to  have  the  benefit  of  it.  It  has  become  a  well  es- 
tablished principle  that  the  conduct  of  the  schools  and  the  location  of 
school-houses  should  be  left  with  those  officers  who  have  the  closest 
relation  to  the  people  for  whose  benefit  the  schools  are  maintained. 
With  this  principle  this  department  is  not  willing  to  interfere. 


SCHOOL  LAW  DECISIONS. 

Is  it  right,  then,  that  in  this  present  case  because  the  county  superinten- 
dent reversed  the  board  in  November,  1887,  they  should  be  left  without 
further  remedy?  We  think  not.  After  their  former  action  was  reversed, 
the  board  had  their  choice  of  three  courses  of  action;  they  were  bound 
to  take  the  one  which  they  believed  to  be  for  the  best  interests  Df  jthe 
subdistrict. 

They  could  ask  for  a  rehearing,  but  to  obtain  that  they  must  be  able 
to  show  that  some  very  grave  mistake  had  been  made,  or  that  they  had 
discovered  some  additional  evidence  which  could  not  have  been  pre- 
sented before  by  using  reasonable  diligence. 

They  could  appeal  to  the  superintendent  of  public  instruction,  but  in 
that  event  they  must  base*  their  case  wholly  upon  the  evidence  as  pre- 
sented before  the  county  superintendent,  since  this  department  has  no 
right  to  hear  any  additional  testimony. 

They  could  begin  the  case  de  novo,  amend  their  record  if  it  was  faulty, 
supply  omissions,  introduce  new  testimony,  and  perfect  their  proceed- 
ings in  such  ways  as  to  obtain  if  possible  a  different  decision  from  the 
county  superintendent;  or  so  as  to  make  a  stronger  case  before  the 
superintendent  of  public  instruction  if  either  party  found  it  necessary  to 
appeal  to  him. 

In  this  case  the  directors  chose  the  last  remedy,  and  we  think  they 
were  wise  in  doing  so,  as  the  most  ready  manner  of  obtaining  a-  final 
adjudication  of  the  whole  matter. 

After  careful  study  of  the  authorities  cited  by  counsel,  we  can  only 
reach  this  conclusion.  If  the  aggrieved  party  fails  to  appeal  within  the 
thirty  days  allowed  by  the  law,  the  decision  of  the  county  superin- 
tendent becomes  final  as  far  as  that  particular  case  is  concerned;  but  we 
find  nothing  in  the  law  to  warrant  the  conclusion  that  a  reversal  by  the 
county  superintendent  acts  as  a  bar  to  any  further  proceedings  because 
the  district  board  did  not  then  and  there  take  an  appeal  to  the  superin- 
tendent of  public  instruction.  Such  a  conclusion  would  defeat  the  ends 
aimed  at  by  the  law  in  placing  the  management  of  the  schools  in  the 
hands  of  the  school  officers  as  chosen  by  the  people.  The  county  super- 
intendent and  the  superintendent  of  public  instruction,  in  hearing  these 
appeal  cases  have  the  jurisdiction  somewhat,  of  a  court  of  equity  and 
are  not  bound  by  a  rigid  adherence  to  the  technical  forms  and  customs 
which  prevail  in  the  courts  of  justice. 

In  reaching  this  conclusion  we  are  supported  by  the  case  of  Morgan  v. 
Wilfley  et  al.,  70  Iowa,  338.  "The  power  to  redistrict  and  change  sub- 
districts  is  conferred  upon  the  board  by  the  statute,  and  action  in  that 
direction,  for  sufficient  cause,  cannot  be  considered  as  unauthorized." 
The  power  to  change  or  fix  the  school-house  site  is  conferred  in  the  same 
manner.  Further:  "The  board  of  directors  cannot  be  so  fettered  by  its 


HO  SCHOOL  LAW  DECISIONS. 

prior  action,  or  b}r  legal  proceedings,  that  it  may  not,  at  any  time,  for 
sufficient  cause,  redistrict  the  township,  as  in  its  best  judgment  may 
be  demanded  by  the  interest  of  all  the  children  of  the  district."  The 
principle  here,  enunciated  is  so  broad  that  it  applies  to  all  the  actions  of 
•the  board,  and  it  is  not  necessary  to  dwell  upon  it. 

In  regard  to  the  merits  of  this  case,  there  is  nothing  to  be  said.  There 
is  no  evidence  to  show  that  the  board  abused  their  authority,  and  conse- 
quently no  reason  for  setting  their  order  aside.  The  decision  of  the 
Bounty  superintendent  is 

AFFIRMED. 
HENRY  SABIN, 

July  9,  1888.  Superintendent  of  Public  Instruction. 


INDEPENDENT  DISTRICT  OF  EDNA   GROVE  v.    INDEPENDENT  DISTRICT  OF 

EDNA  et  al. 

Appeal  from  Cass  County. 

ASSETS  AND  LIABILITIES.  When  an  entire  township  is  organized  into  independ- 
ent districts,  the  settlement  of  assets  and  liabilities  is  made  by  the  boards  of 
the  newly  created  independent  districts. 

It  appears  that  in  the  year  1886  the  district  township  of  Edna  was  or- 
ganized into  an  independent  district  township.  This  district  was  after- 
wards subdivided  into  nine  independent  districts,  in  accordance  with 
-chapter  133,  laws  of  1878,  as  amended  by  chapter  131,  laws  of  1882.  On 
the  9th  day  of  March,  the  directors  of  the  old  independent  district  of 
Edna  made  a  division  of  assets  and  liabilities,  among  the  said  nine  inde- 
pendent districts.  From  this  action  the  independent  district  of  Edna 
•Grove  appealed  to  the  county  superintendent.  The  appeal  was  heard 
on  the  3d  of  May,  1888,  and  a  decision  rendered  by  the  county  superin- 
tendent upon  two  points. 

That  while  the  county  superintendent  has  jurisdiction  in  such  cases 
whenever  directors  abuse  their  discretionary  powers,  he  may  not  render 
a  judgment  for  money.  In  this  there  can  be  no  question  of  the  correct- 
ness of  his  decision.  If  the  independent  district  of  Edna  Grove  feel 
aggrieved  in  the  apportionment  of  the  assets,  their  only  remedy  is  to  be 
found  in  the  courts.  The  law  gives  the  county  superintendent  no  power 
to  interfere  in  the  distribution  of  the  assets. 

The  county  superintendent  also  found  that  the  directors  of  the  inde- 
pendent district  of  Edna,  the  old  board,  had  no  power  to  distribute  the 
assets  and  liabilities,  and  therefore  dismissed  the  case.  Was  he  correct 
in  this  decision?  Previous  to  the  year  1876  the  law  provided  that  in  case 


SCHOOL  LAW  DECISIONS.  HI 

of  reorganization  in  independent  districts,  the  old  board  of  directors  of 
the  district  township  should  make  a  division  of  the  assets  and  liabilities. 
The  sections  providing  for  reorganization  of  independent  districts,  1815- 
1820,  were  amended  by  the  sixteenth  general  assembly  and  the  present 
sections  1815-1820  enacted  in  their  place. 

Section  1820  as  it  now  stands  provides  explicitly  that  the  respective 
boards  of  directors  shall  make  an  equitable  division  of  the  assets  and 
liabilities.  The  law  relating  to  subdivision  of  independent  districts, 
chapter  133,  School  Laws  of  1888,  makes  no  provision  for  the  division 
•of  assets  and  liabilities.  It  does  however  provide  that  independent  dis- 
tricts organized  under  the  provisions  of  this  act  shall  be  governed  by  the 
tlaws  relating  to  other  independent  districts.  Section  1715  provides  that 
a  similar  division,  by  the  respective  boards  of  directors,  shall  be  made 
in  the  case  of  the  formation  of  independent  districts.  We  are  led  to  the 
•conclusion  in  this  case,  that  the  division  should  have  been  made  by  the 
(respective  boards  of  the  independent  districts  carved  out  of  the  inde- 
pendent district  of  Edna. 

The  decision  of  the  county  superintendent  is  therefore 

AFFIRMED. 
HENRY  SABIN, 

August  11,  1888.  Superintendent  of  Public  Instruction 


MICHAEL  MELENEY  v.  DISTRICT  TOWNSHIP  OF  ERIN. 
Appeal  from  Hancock  County. 

DISCRETIONARY  ACTS.    May  not  be  reversed  unless  the  proof  is  conclusive.    The 
board  must  bear  any  blame  that  may  attach  to  an  unwise  or  inexpedient  action. 

The  transcript  in  this  case  shows  that  on  the  19th  day  of  March,  1888, 
the  directors  voted  to  locate  the  new  school-house  in  subdistrict  number 
six,  as  near  the  center  of  sections  3,  4,  9  and  10,  as  practicable. 

April  23,  1888,  they  voted  to  locate  the  house  on  the  southeast  cor- 
ner of  the  southwest  quarter  of  section  4.  From  this  decision  Michael 
Meleney  appealed  to  the  county  superintendent,  who  after  hearing  evi- 
dence in  the  case  reversed  the  action  of  the  board  and  relocated  the  site 
for  the  new  school-house  near  the  southeast  corner  of  the  northwest 
quarter  of  section  nine.  From  this  decision  William  Boldt  appeals. 

The  law  vests  very  large  discretionary  powers  in  the  board.  They  are 
•chosen  by  the  people  for  a  specific  purpose  and  are  directly  responsible 
to  the  people  for  the  manner  in  which  they  discharge  their  duties. 
Parties  feeling  themselves  aggrieved  by  the  action  of  the  directors  have 


112  SCHOOL  LAW  DECISIONS. 

the  right  of  appeal,  but  they  must  make  it  plain  that  their  grievance  is. 
something  more  than  personal  in  its  nature,  that  it  consists  in  some- 
violation  of  the  law,  or  some  abuse  of  discretion  on  the  part  of  the 
directors,  such  ja«?  being  actuated  by  selfish  or  improper  motives  or  neg- 
lecting to  exercise  due  discretion  in  guarding  the  interests  of  the  entire- 
district. 

The  county  superintendent,  it  is  true,  may  determine  whatever  ques- 
tions the  board  had  determined,  but  he  is  not  to  put  himself  in  the  place 
of  the  board,  nor  is  he  to  assume,  except  in  extreme  cases,  the  responsi- 
bility which  belongs  to  them.  It  is  not  expected  that  he  will  assume 
original  jurisdiction  and  reverse  their  action  upon  his  individual  judg- 
ment. He  may  even  think  that  if  he  had  been  a  member  of  the  board 
he  would  have  voted  differently  from  the  majority,  or  that  some  other 
course  than  that  taken  by  the  board  would  have  been  better  for  the 
interests  of  the  district,  and  yet  feel  compelled  to  affirm  the  action  of  the 
directors.  He  may  not  reverse  their  action  unless  it  is  proved  beyond 
doubt  that  they  violated  law  or  in  some  manner  abused  their  discretion. 
If  there  is  any  doubt,  the  board  are  to  have  the  benefit  of  that  doubt. 
Kennon,  Onne,  et  al.  v.  District  Number  Four,  Nodaway  Township; 
also,  Boyer  v.  Independent  District  No-  #,  Dutch  Township. 

The  township  of  Erin  consists  of  five  subdistricts.  Three  of  the  direct- 
ors voted  to  locate  the  new  house  in  subdistrict  number  two,  on  the  site 
in  question,  and  two  favored  a  site  one-half  mile  farther  south.  There 
was  very  little  testimony  introduced  in  the  trial  before  the  county  super- 
intendent. While  it  is  evident  that  the  site  chosen  by  the  majority  of 
the  directors  is  in  some  respects  not  the  most  desirable  for  a  school-house 
site,  it  is  uncertain  whether  there  is  any  better  site  in  that  neighborhood. 
There  is  nothing  to  show  that  they  have  violated  any  law  or  in  any  way 
abused  their  discretion. 

The  proceedings  of  the  county  superintendent  in  this  case  have  been  in 
all  respects  in  accordance  with  the  requirements  of  the  law  and  he  was- 
undoubtedly  actuated  by  the  best  motives.  We  cannot  however  affirm 
his  decision  without  violating  a  well  known  rule  of  law  and  reversing 
the  policy  which  this  department  has  followed  without  an  exception.  The 
decision  of  the  county  superintendent  is 

REVERSED. 
HENRY  SABIN, 

September  17,  1888.  Superintendent  of  Public  Instruction. 


SCHOOL  LAW  DECISIONS.  113 


J.  F.   KLISE  v.  DISTRICT  TOWNSHIP  OF  INDEPENDENCE. 
Appeal  from  Jasper  County. 

1.  NOTICE.     When  leading  parties  in  the  case  sign  an  agreement  waiving  notice, 
neither  side  can  afterward  object  to  such  proceedings  as  being  irregular. 

2.  INDEPENDENT  DISTRICT:     Organization  of.    In  establishing  the  boundaries  of 
a  contemplated  independent  district  under  section   1801,  the  board  should 
include  with  the  town  such  contiguous  territory  as  may  best  subserve  the  con- 
venience of  the  people  for  school  purposes. 

The  transcript  shows  that  on  the  25th  day  of  May,  1888,  the  directors 
of  the  district  township  of  Independence,  upon  a  petition  duly  signed 
and  presented  to  them,  refused  to  establish  the  independent  district  of 
Baxter  as  prayed  for  in  said  petition.  The  transcript  further  shows  that 
at  said  meeting  the  directors  established  the  independent  district  of  Bax- 
ter, with  boundaries  as  follows:  "Beginning  at  northwest  corner  of  the 
southeast  quarter  of  the  northeast  quarter  of  section  15,  running  thence 
east  one-half  mile,  thence  south  one-half  mile,  thence  west  one-half  mile, 
thence  north  one-half  mile  to  place  of  beginning." 

From  this  action  J.  F.  Klise  appealed  to  the  county  superintendent, 
who  on  the  27th  day  of  June,  1888,  rendered  his  decision  reversing  the 
action  of  said  board  and  establishing  the  independent  district  of  Baxter 
with  boundaries  as  follows:  Beginning  at  the  N.  W.  corner  of  the  east 
half  of  the  N.  E.  quarter  of  section  15,  thence  run  due  east  to  the  N.  E. 
corner  of  section  13,  thence  south  to  the  S.  E.  corner  of  the  N.  E.  quar- 
ter of  section  24,  thence  west  to  the  S.  W.  corner  of  the  east  half  of  the 
N.  E.  quarter  of  section  22,  thence  north  to  place  of  beginning.  The 
board  now  appeal. 

There  are  some  irregularities  in  this  case  which  must  be  noticed  here. 
The  transcript  of  proceedings  was  filed  by  the  secretary  before  the  affi- 
davit was  in  the  office  of  the  county  superintendent,  and  the  case  was 
thereupon  dismissed.  A  new  case  was  instituted  and  the  secretary  refiled 
his  original  transcript  instead  of  preparing  a  new  one.  It  does  not  ap- 
pear that  the  interest  of  either  party  was  prejudiced  by  this  error.  It 
has  always  been  held  by  this  department  that  the  stringent  rules  of  prac- 
tice are  not  to  be  too  closely  followed  in  this  system  of  appeals,  and  that 
as  the  leading  purpose  of  the  law  is  to  obtain  substantial  justice,  this 
object  should  not  be  defeated  by  technical  objections.  See  James  C. 
Smith  v.  District  Township  of  Maquoketa.  It  should  also  be  noticed 
that  the  transcript  of  record  sent  up  by  the  county  superintendent  shows 
tjiat  "The  transcript  of  the  records  of  said  board,  together  with  copies  of 


114  SCHOOL  LAW  DECISIONS. 

papers  and  plats  being  on  file  in  this  office,  the  same  were  accepted  in 
this  case,  and  Mr.  Klise  on  behalf  of  himself  as  appellant,  and  D.  K, 
Mann,  secretary  of  said  school  board,  and  J.  F.  Walton,  a  member 
of  the  committee  of  said  board,  on  the  part  of  the  appellee  waive  any 
further  notice,  and  the  day  is  fixed  for  the  hearing  of  said  appeal  on  the 
22nd  day  of  June,  1888." 

It  is  held  that  the  above  agreement  acts  as  a  bar  to  the  right  of  either 
party  to  object  to  further  proceedings,  and  that  the  county  superin- 
tendent did  not  err  in  proceeding  to  try  the  case  upon  its  merits. 

There  is  but  one  vital  point  in  this  case.  Did  the  county  superin- 
tendent err  in  fixing  the  boundaries  for  the  independent  district  of  Bax- 
ter? The  limits  of  said  district  as  established  by  the  township  board, 
contained  160  acres  of  land,  the  valuation  of  which,  as  appears  from  the 
testimony  sent  up  by  the  county  superintendent,  is  estimated  at  about 
$24,000.  When  we  consider  that  there  are  at  least  eighty  pupils  to  be 
provided  for  in  the  contemplated  district,  it  is  evident  that  to  provide 
suitable  school  accommodations  under  such  limitations  would  require  an 
excessive  rate  of  taxation,  beyond  anything  contemplated  by  the  law. 

We  hold  that  in  this  respect  the  board  did  abuse  the  discretion  reposed 
in  them  by  the  law,  and  that  the  county  superintendent  was  fully  war- 
ranted in  reversing  their  action.  The  county  superintendent  had  full 
power  to  do  whatever  the  board  could  lawfully  do.  Did  he  abuse  his 
discretion  in  establishing  the  boundaries  of  the  independent  district  of 
Baxter?  According  to  the  transcript  sent  up  to  this  office,  certified  to 
by  the  county  superintendent,  as  the  assessed  valuation  of  real  and  per- 
sonal property  within  the  limits  as  set  off  by  him,  to  constitute  the  inde- 
pendent district  of  Baxter,  and  as  found  in  the  books  marked  1887-1888, 
considered  by  him  in  determining  said  case,  the  valuation  is  both  real 
estate  and  personal,  $58,177.  The  same  valuation  for  the  township  is 
$320,887.  The  number  of  pupils  within  the  limits  of  said  independent 
district  of  Baxter  is  nearly  twice  as  many  as  in  any  of  the  remaining 
subdistricts  of  the  township.  The  division  of  territory  seems  to  be  as 
nearly  equitable  as  any  that  can  be  devised. 

It  is  therefore  ordered  that  the  independent  district  of  Baxter  be 
created  to  consist  of  such  territory  as  was  set  off  by  the  county  superin- 
tendent in  his  decision  rendered  June  27,  1888,  and  that  in  accordance 
with  section  1801  an  election  shall*  be  held  on  the  20th  day  of  March, 
1889,  at  which  time  the  electors  shall  vote  by  ballot  for  or  against  such 
organization. 

The  decision  of  the  county  superintendent  is 

AFFIRMED. 
HENRY  SABIN, 

October  29,  1888.  Superintendent  of  Public  Instniction. 


SCHOOL  LAW  DECISIONS.  H5 


SAMUEL  WALKER  v.  J.  S.  CRAWFORD,  COUNTY  SUPERINTENDENT. 
Appeal  from  Cass  County. 

1.  CERTIFICATE:    Refusal  of.    The  county  superintendent  is  his  own  judge  as  to 
how  fully  he  will  give  the  applicant  reasons  for  the  refusal  of  a  certificate. 

2.  — :  -     — .    The  county  superintendent  is  charged  with  the  responsibility 
of  refusing  to  issue  a  certificate  to  any  person  unless  fully  satisfied  that  the 
applicant  possesses  the  essential  qualifications  demanded  of  teachers  by  the 
law. 

S.  DISCRETIONARY  ACTS.  Unless  a  marked  violation  of  the  large  discretion 
vested  in  the  county  superintendent  is  proved  clearly  and  conclusively,  his 
action  in  refusing  or  revoking  a  certificate  will  not  be  interfered  with  on 
appeal. 

This  case  arises  from  the  refusal  of  J.  S.  Crawford,  county  superin- 
tendent of  Cass  county,  to  grant  a  certificate  to  Samuel  Walker  to  teach 
in  the  schools  of  said  county.  The  case  was  reheard  on  the  1st  day  of 
December,  1888,  byway  of  appeal,  the  county  superintendent  approving 
his  former  decision.  Samuel  Walker  appeals. 

Section  1766  requires  the  county  superintendent  to  examine  each  can- 
didate desiring  to  teach  in  the  public  schools  of  his  county,  in  certain 
branches  enumerated  therein,  with  special  reference  to  his  competency 
.and  ability  to  teach  the  same.  But  section  1767  still  further  directs  that 
the  county  superintendent  must  satisfy  himself  that  the  applicant  pos- 
sesses a  good  moral  character  and  the  essential  qualifications  for  govern- 
ing and  instructing  children  and  youth.  Here  then,  are  three  distinct 
qualifications  to  be  investigated  and  determined  by  the  county  superin- 
tendent before  he  issues  the  certificate, 

My  predecessor  very  pointedly  says  in  a  written  opinion  on  file  in  this 
office:  "Under  the  law  the  county  superintendent  must  be  satisfied  that 
you  (the  candidate)  possess  all  the  qualifications  enumerated  by  the  law." 

In  this  case  it  is  not  claimed  that  the  appellant  is  deficient  in  the 
branches  usually  taught  in  the  public  schools.  Neither  is  it  charged 
that  he  does  not  possess  a  good  moral  character.  The  only  point  in 
question  is  his  ability  to  instruct  and  govern  children  and  youth.  We 
confess  that  this  is  an  exceedingly  difficult  point  to  determine  in  many 
•cases.  The  surest  way  undoubtedly  is  to  visit  and  inspect  the  school, 
but  we  think  the  county  superintendent  took  the  next  best  way  when  he 
drew  the  candidate  into  a  conversation  and  allowed  him  to  express  him- 
self freely  and  without  reserve.  There  are  certain  traits  of  character 
most  essential  to  a  teacher,  which  cannot  be  ascertained  by  a  written 
•examination  alone. 


116  SCHOOL  LAW  DECISIONS. 

At  the  time  of  the  trial  on  appeal  the  county  superintendent  was  placed 
on  the  stand  as  a  witness  for  the  appellant.  In  the  course  of  his  testi- 
mony he  made  this  statement:  "I  refused  Mr.  Walker  a  certificate  be- 
cause I  thought,  and  still  think,  Mr.  Walker  did  not  have  judgment,  a 
well  balanced  mind,  and  common  sense,  to  teach  a  good  school."  It  is 
not  the  duty  of  the  superintendent  of  public  instruction  to  try  this  case 
de  novo  in  order  to  determine  the  correctness  of  this  conclusion.  We 
are  not  called  upon  to  pass  upon  the  fitness  or  unfitness  of  Mr.  Walker 
to  teach  in  the  schools  of  Cass  county. 

Did  the  county  superintendent  err,  in  that  he  was  actuated  by  wrong 
motives?  If  through  passion  or  prejudice  he  refused  Mr.  Walker  a  cer- 
tificate he  did  him  an  injustice,  and  his  decision  should  be  reversed.  The 
existence  of  such  a  ruling  motive  would  show  itself  somewhere  in  the  ev- 
idence. We  have  read  the  transcript  several  times  with  care,  and  we 
fail  to  find  any  disagreement  existing  between  the  parties  previous  to,  or 
at  the  time  the  appellant  was  first  examined,  or  that  Mr.  Crawford  has 
spoken  unkindly  of  Mr.  Walker  or  shown  a  disposition  to  injure  him  in 
any  way.  It  was  competent  for  the  appellant  to  show  clearly  at  the  trial 
that  the  county  superintendent  was  prejudiced  against  him  to  such  an  ex- 
tent as  not  to  do  him  justice,  this  he  has  failed  to  do  by  any  reliable  tes- 
timony. The  weight  of  the  testimony  is  to  the  effect  that  the  county 
superintendent  was  endeavoring  to  do  his  duty  as  a  school  officer  and  in 
this  the  superintendent  of  public  instruction  must  sustain  him. 

The  counsel  for  the  appellant  claims  that  the  county  superintendent 
erred  in  not  informing  the  applicant  upon  what  grounds  he  refused  him 
a  certificate.  The  testimony  of  Mr.  Frost,  from  his  long  experience  in 
the  office  of  county  superintendent,  has  great  weight.  We  agree  with 
him  that  it  is  generally  better  to  inform  the  applicant  frankly  and  fully 
why  the  certificate  is  refused,  but  cases  may  arise  in  which  it  is  as  well 
not  to  do  this.  The  law  is  silent  upon  this  point,  the  county  superin- 
tendent must  be  his  own  judge  of  what  it  is  best  to  do.  We  do  not 
think  the  refusal  in  this  case  is  an  error  on  the  part  of  the  county 
superintendent. 

It  is  also  alleged  on  the  part  of  the  appellant  that  "  the  county  super- 
intendent made  a  wrongful  decision  upon  the  facts  in  the  ease.n  The 
appellant  introduced  evidence  to  show  that  he  had  taught  a  fairly  suc- 
cessful school,  and  that  he  was  in  good  repute  as  a  teacher  in  his  own 
neighborhood.  All  this  was  pertinent  to  the  question  at  issue,  but  if  the 
conversation  and  actions  of  the  appellant  made  such  an  impression  upon 
the  mind  of  the  county  superintendent  at  the  time  of  examination  that 
this  evidence  even  could  not  overcome  it,  the  county  superintendent 
could  not  consistently  do  otherwise  than  as  he  did. 


SCHOOL  LAW  DECISIONS.  117 

The  discretion  vested  in  the  county  superintendent  by  the  law  is  very 
large,  and  for  this  purpose,  that  he  may  guard  the  public  schools  against 
the  intrusion  of  persons  unworthy  or  unfit  for  the  office  of  teacher.  The 
department  of  public  instruction  cannot  release  him  from  his  responsi- 
bility, nor  can  it  interfere  with  his  discretionary  acts  except  upon  the 
clearest  and  most  convincing  proofs  of  violation  of  law,  or  of  the  influ- 
ence of  passion  or  prejudice  in  the  performance  of  his  official  duty. 

The  appellee,  on  the  other  hand,  seems  to  argue  that  the  actions  of 
the  county  superintendent,  in  refusing  to  grant  a  certificate  cannot  be 
interfered  with  by  the  superintendent  of  public  instruction.  In  1867, 
D.  Franklin  Wells,  then  superintendent  of  public  instruction,  obtained 
an  opinion  from  the  attorney  general  of  the  state,  Hon.  F.  E.  Bissell, 
upon  this  point.  The  following  extract  from  that  opinion  is  answer  to 
each  of  the  claims  just  considered.  "Chapter  52,  laws  of  the  tenth 
general  assembly,  provides  that  the  superintendent  of  public  instruction 
shall  be  charged  with  the  supervision  of  all  the  county  superintendents, 
and  shall  determine  all  cases  appealed  from  the  decision  of  the  county 
superintendent.  I  hold  that  under  the  above  provisions,  the  right  of 
appeal  is  clearly  inferrable,  if  not  directly  given  to  any  one  aggrieved 
by  the  refusal  of  the  county  superintendent  to  give  a  certificate,  or  by 
the  revocation  of  a  certificate.  The  power  should,  however,  be  very 
cautiously  exercised  and  the  decision  of  the  county  superintendent  should 
not  be  interfered  with  except  in  case  of  a  clear  violation  of  duty,  or 
when  the  act  was  the  clear  result  of  passion  or  prejudice." 

After  a  careful  review  of  the  testimony  and  the  able  arguments  sub- 
mitted to  us,  we  do  not  find  sufficient  reason  for  reversing  the  decision 
made  heretofore. 

AFFIRMED. 
HENKY  SABHST, 

February  4,  1889.  Superintendent  of  Public  Instruction. 


PERKY  HODGE  v.  K.  B.  YOUNG,  COUNTY  SUPERINTENDENT,  ET  AL. 

Appeal  from  Dickinson  County. 

1.  APPEAL.    An  appeal  will  lie  to  determine  conclusively  whether  the  provisions 
of  section  1797  have  been  complied  with. 

2.  TERRITORY:    Transfer  of.    When  a  transfer  is  sought  under  section  1797,  no 
appeal  will  lie  to  control  the  discretion  of  the  county  superintendent  and  the 
board  of  the  district  from  which  the  territory  is  taken. 

On  the  18th  day  of  February,  1889,  K.  B.  Young,  county  superintend- 
ent of  Dickinson  county,  issued  an  order  that  the  S.  E.  quarter  and  also 
the  N.  E.  quarter  of  Sec.  24,  99,  36,  Center  Grove  township,  should  be 


118  SCHOOL  LAW  DECISIONS. 

set  off  to  Richland  township  for  school  purposes  under  section  1797. 
Perry  Hodge  appeals  from  this  order. 

It  is  also  in  evidence  that  the  directors  of  the  district  affected  gave  their 
consent  to  the  transfer  of  territory.  As  this  is  a  case  in  which  the  county 
superintendent  has -original  jurisdiction  to  act  with  the  directors  of  the 
district  affected,  no  appeal  will  lie  from  his  action  to  control  his  discretion. 
It  is  competent,  however,  for  the  superintendent  of  public  instruction  to 
entertain  an  appeal  for  the  purpose  of  ascertaining  whether  the  provisions 
of  section  1797  apply.  If  there  is  clear  evidence  that  the  provisions  of  said 
section  do  not  apply,  the  order  of  the  county  superintendent  must  be  set 
aside.  There  seems  to  be  clear  proof  that  such  a  natural  obstacle  as  the  law 
contemplates,  does  not  exist  in  this  case.  There  are  in  evidence  the  affida- 
vits of  certain  parties  who  claim  to  be  well  acquainted  with  the  territory 
transferred  by  said  order,  to  the  effect  that  the  slough  in  question  is  by 
no  means  impassable  to  such  a  degree  as  to  act  as  an  obstacle  to  children 
attending  school  in  Center  Grove  township,  in  the  meaning  contemplated 
by  the  law.  It  is  held  that  there  is  no  power  under  section  1797,  to 
transfer  said  territory. 

The  order  of  the  county  superintendent,  dated  February  18,  1889,  is 
therefore  declared  void  and 

REVERSED. 
HENRY  SABIN, 

May  18,  1889.  Superintendent  of  Public  Instruction. 


G.  W.  DAVIS  ET  AL.  v.  DISTRICT  TOWNSHIP  OF  LINN- 
Appeal  from  Linn  County. 

1 .  APPEAL.     Will  not  lie  to  control  the  action  of  either  board  or  of  the  county 
superintendent,  under  section  1793. 

2 ,  TUITION.    To  enable  the  district  in  which  the  children  reside  to  collect  tuition,, 
all  the  requirements  of  section  1793  must  first  be  fulfilled. 

At  their  regular  meeting  on  the  18th  of  March,  1889,  the  board  passed 
a  resolution  excluding  from  the  privileges  of  the  school  in  subdistrict 
number  seven,  children  from  the  independent  district  of  Laurel  Hill  in 
Jones  county  who  had  from  time  to  time  for  many  years,  been  allowed 
to  attend  the  school  in  said  subdistrict  number  seven.  On  the  13th  of 
April  the  board  considered  a  petition  of  parties  in  the  adjoining  district 
of  Laurel  Hill  desiring  to  send  to  the  school  in  Linn  township,  and  passed 
an  order  refusing  to  admit  their  scholars.  From  this  action,  G.  W. 
Davis  and  others  appealed  to  the  county  superintendent  who  heard  the 
case  on  the  9th  of  May,  affirming  the  order  of  the  board.  From  his 
decision  G.  W.  Davis  appeals. 


SCHOOL  LAW  DECISIONS.  119 

The  attendance  of  scholars  living  in  an  adjoining  district  is  governed 
by  section  1793,  School  Laws  of  1888.  By  the  portion  of  the  section  to 
which  this  appeal  relates,  children  may  attend  in  another  district  on  such 
terms  as  may  be  agreed  upon  by  the  respective  boards.  In  the  history 
of  this  case  it  is  not  shown  that  any  action  was  taken  by  the  board  of 
Laurel  Hill  as  to  agreement  regarding  terms  of  attendance.  The  board 
of  the  district  township  of  Linn  refused  to  admit  the  scholars  in  question. 
It  is  from  this  order,  an  initial  action,  that  appeal  was  taken. 

At  the  trial  before  the  county  superintendent  a  statement  of  facts  was 
submitted  and  was  agreed  to  by  both  parties  to  the  appeal,  as  a  basis 
upon  which  the  appeal  should  be  heard.  At  this  point  the  board  by 
their  attorney  filed  a  demurrer,  urging  that  the  county  superintendent 
could  not  acquire  jurisdiction;  that  the  action  of  the  board  complained  of 
was  not  subject  to  revision  upon  appeal;  and  asking  the  county  super- 
intendent to  dismiss  the  case  for  want  of  jurisdiction.  The  demurrer  was 
overruled,  the  case  was  tried  on  the  agreed  statement  of  facts,  and  the 
order  of  the  board  affirmed.  Did  the  county  superintendent  err  in  over- 
ruling the  motion  to  dismiss  the  case  for  want  of  jurisdiction?  We  think 
he  did. 

If  the  boards  fail  to  agree  upon  terms  of  attendance,  certain  conditions 
regarding  distance  from  the  respective  schools  being  fulfilled,  as  they  are 
in  this  case,  sectipn  1793  itself  provides  the  next  step  to  be  taken.  The 
county  superintendent  of  the  county  in  which  the  children  reside  may 
give  his  consent  with  that  of  the  board  of  the  district  where  the  children 
desire  to  attend,  admitting  them.  But  from  the  refusal  of  the  board'to 
admit  the  children  it  is  held  and  has  been  uniformly  held  in  opinions  by 
this  department,  that  appeal  will  not  lie.  It  has  always  been  conceded 
to  be  the  intention  of  the  lawmakers  to  leave  with  the  board  of  the  dis- 
trict in  which  the  school  is  maintained,  the  matter  of  determining  finally 
and  conclusively,  if  they  choose,  that  scholars  shall  not  be  admitted  under 
the  provisions  of  section  1793.  If  their  consent  is  withheld,  neither  the 
courts  of  law  nor  any  appellate  tribunal  may  set  aside  their  order  of 
refusal,  and  compel  them  to  admit  outsiders  and  accept  as  compensation 
for  their  instruction  the  amounts  fixed  by  section  1793.  District  No.  2, 
Harlan  Township  v.  District  No.  1,  Harlan  Township,  last  paragraph 
but  one.  We  have  referred  to  this  matter  at  such  length,  because  the 
counsel  for  the  appellant  urges  the  claim  that  the  case  should  be  remanded 
for  a  new  trial. 

We  are  compelled  to  find  that  there  are  but  two  methods  in  law,  by 
which  attendance  in  subdistrict  number  seven  may  be  secured  for  their 
children  by  the  appellants.  The  two  boards  may  agree  as  to  the  terms 
of  attendance.  Or  after  they  have  refused  to  agree  the  concurrent  con- 
sent of  the  county  superintendent  of  Jones  county  and  the  board  of  the 


120  SCHOOL  LAW  DECISIONS. 

district  township  of  Linn,  will  entitle  the  children  to  attendance  and  bind 
their  home  district  for  the  expenses  of  their  instruction  in  the  manner 
provided  by  section  1793.  But  appeal  will  not  lie  to  control  the  action 
of  either  board,"  or  of  the  county  superintendent. 

REVERSED  AND  DISMISSED. 

HENRY  SABIN, 
August  6,  1 889.  Superintendent  of  Public  Instruction. 


J,  S.  FOLSOM  et  al.  v.  DISTRICT  TOWNSHIP  OF  CENTER. 

Appeal  from  Cedar  County . 

MODIFICATION  OF  DECISION. 

APPEAL.    A  decision  may  be  modified  upon  proof  that  a  change  in  its  terms  is 
'  desirable. 

The  decision  given  in  the  above  entitled  appeal,  dated  June  T,  1888,  is 
hereby  modified  as  follows. 

We  are  assured  that  the  provisions  of  the  decision  have  been  complied 
with,  the  site  having  been  located  and  the  school-house  built  thereon 
in  strict  conformity  with  the  terms  of  the  decision.  It  is  now  desired  by 
all  parties  to  change  the  form  of  the  site,  slightly.  Our  decision  re- 
ferred to  above  is  therefore  modified  so  that  the  site  may  extend  about 
eighteen  rods  south  of  the  limitation  made  by  the  former  decision,  and 
shall  be  about  twenty-two  rods  long,  six  rods  wide  at  the  south  end,  and 
nine  rods  wide  at  the  north  end. 

HENRY  SABIN, 

December  30,  1889.  Superintendent  of  Public  Instruction. 


ISHAM  WATKINS  v.  INDEPENDENT  DISTRICT  OF  EMPIRE. 
Appeal  from  Marion  County . 

1.  APPEAL.    An  appeal  will  not  lie  from  an  order  of  aboard  initiating  a  change 
in  boundaries,  where  the  concurrence  of  the  board  of  an  adjoining  district  is 
necessary  to  effect  the  change. 

2.  JURISDICTION.     The  jurisdiction  of  an  appellate  tribunal  is  not  greater  than, 
that  of  the  board  from  whose  action  the  appeal  is  taken. 

On  the  16th  of  September,  1889,  the  board  of  the  independent  district 
of  Highland  determined  to  notify  Isham  Watkins  of  Empire  district, 
that  his  children  could  not  any  longer  attend  the  school  in  Highland  dis- 
trict. The  records  show  that  they  were  willing  that  he  should  be  attached 
to  Highland  district.  This  was  taken  as  an  initiatory  movement.  Isham 


SCHOOL  LAW  DECISIONS.  121 

Watkins  petitioned  the  board  of  the  Empire  district  to  set  off  the 
north  half  of  northeast  quarter  of  section  25,  75,  21,  to  the  independent 
district  of  Highland.  The  petition  was  rejected,  in  effect  the  Empire 
board  refused  to  concur.  An  appeal  was  taken  to  the  county  su  perin- 
tendent,  who  ordered  that  the  northeast  quarter  of  northeast  qitarter  of 
section  25,  be  detached  from  the  independent  district  of  Empire  and 
attached  to  the  independent  district  of  Highland. 

Of  the  several  questions  involved  in  this  case  it  is  only  necessary  to 
•discuss  one.  Did  the  county  superintendent  exceed  his  jurisdiction? 
The  board  of  Highland  initiated  an  action.  The  directors  of  Empire 
district  must  either  concur  or  nonconcur,  and  from  their  action  an  appeal 
could  be  taken.  If  they  did  not  choose  to  accede  to  the  proposition  of 
the  Highland  district,  then  action  in  that  particular  ended  with  their  vote 
to  nonconcur.  If  they  had  a  different  proposition  to  make,  as  for  instance 
granting  forty  acres,  they  could  only  initiate  a  movement  to  that  effect, 
and  leave  it  for  Highland  district  to  act,  and  from  the  action  of  the  latter 
board  an  appeal  could  then  be  taken. 

In  this  case  the  county  superintendent  initiates  a  new  action,  and  leaves 
it  for  Highland  district  to  act.  Now  if  his  action  is  allowed  to  stand, 
any  one  aggrieved  may  take  an  appeal  from  the  action  of  the  board  of 
the  Highland  district.  He  would  then  have  an  appeal  brought  before 
the  county  superintendent  from  an  action  which  he  himself  initiated.  It 
might  be  further  argued  that  if  the  county  superintendent  has  original 
jurisdiction,  then  this  appeal  cannot  lie,  as  an  appeal  can  be  taken  only 
from  the  action  of  the  board  completing  the  action.  The  precedents 
established  have  been  followed  closely  by  this  department  and  we  can  see 
no  reason  for  breaking  away  from  them. 

It  is  held  that  in  cases  requiring  the  concurrent  action  of  two  boards, 
the  board  completing  the  action  can  only  concur  or  nonconcur.  Any 
action  involving  a  new  proposition  initiates  a  new  case,  which  must  be 
passed  upon  by  the  other  board  concerned  in  the  matter  and  from  which 
an  appeal  can  be  taken.  It  is  further  held  that  the  county  superintendent 
upon  appeal  is  limited  to  reversing  or  affirming  the  action  of  the  board 
completing  the  action,  and  that  he  cannot  assume  original  jurisdiction 
and  do  what  the  board  appealed  from  could  not  do. 

It  seems  apparent  that  Mr.  Watkins  has  not  reasonably  good  school 
facilities  and  we  regret  that  we  are  compelled  to  set  aside  the  decision  of 
the  county  superintendent.  He  was  actuated  by  laudable  motives  and 
was  looking  for  the  best  interests  of  the  children  in  this  case.  We  are, 
however,  forced  to  the  conclusion  that  the  county  superintendent  erred 
in  assuming  original  jurisdiction. 

REVERSED  AND  DISMISSED. 
HENRY  SABIN, 

March  18,  1890.  Superintendent  of  Public  Instruction. 


122  SCHOOL  LAW  DECISIONS. 


MAXWELL  v.  DISTRICT  TOWNSHIP  OF  LINCOLN. 
Appeal  from  Union  County. 

1.  PROCEEDINGS.     The  regularity  of  all  the  proceedings  will  be  presumed  upon. 
This  is  true  in  an  especial  sense  when  the  records  are  more  than  usually  full 
and  complete. 

2.  TEACHER:     Trial  of.    In  the  trial  of  a  teacher  the  board  are  bound  carefully 
to  protect  the  interests  of  the  district  and  to  seek  the  welfare  of  the  school,  as. 
well  as  to  regard  the  rights  guaranteed  to  the  teacher. 

On  the  9th  day  of  December,  1889,  the  secretary  acting  upon  a  peti- 
tion signed  by  five  residents,  called  a  meeting  of  the  board  for  Decem- 
ber 14,  to  examine  the  teacher  of  subdistrict  number  eio-ht.  A  notice 

?"5 

was  also  served  upon  the  teacher  the  same  date,  signed  by  secretary, 
both  the  call  and  the  notice  being  spread  upon  the  records  in  due  form. 
The  meeting  was  held  on  the  14th  of  December.  The  records  show  that 
the  appellant  was  present  and  objected  to  the  consideration  of  the  charges, 
as  the  proceedings  were  not  in  accordance  with  section  1734.  At  the 
same  time  he  demanded  a  copy  of  the  charges  and  that  one  wTeek  be 
given  him  in  which  to  prepare  his  defense,  which  demand  was  complied 
with  and  the  board  adjourned  to  December  21. 

If  the  appellant  had  moved  to  dismiss  the  case,  it  would  not  have  been 
an  error  to  sustain  the  motion,  but  he  submitted  to  the  jurisdiction  of  the 
board  and  obtained  a  continuance  of  the  case  until  December  21.  It 
must  be  held  that  by  this  action  he  waived  any  defect  or  irregularity  in 
the  jurisdiction  of  the  board  in  this  case.  The  purpose  and  object  of  the 
process,  as  pointed  out  in  section  1734,  was  fully  accomplished.  See 
Wilgus  et  al.  v.  Getting*  et  al.,  19  Iowa,  page  82.  At  the  meeting  held 
December  21,  the  board  voted  to  discharge  the  teacher.  An  appeal  was 
taken  to  the  county  superintendent  who  affirmed  the  board.  The  appel- 
lant appeals  to  the  superintendent  of  public  instruction. 

The  only  question  before  the  county  superintendent  was  whether  the 
conditions  as  prescribed  in  section  1734  were  fully  complied  with.  It  is 
alleged  that  while  the  teacher  was  present,-  he  was  not  allowed  to  make 
his  defense.  The  secretary's  transcript  furnishes  the  only  means  of  de- 
termining this.  The  records  show  that  he  was  allowed  to  cross-examine 
witnesses,  and  they  do  not  show  that  he  was  barred  from  offering  evi- 
dence had  he  chosen  to  do  so.  There  can  be  no  question  of  the  power 
of  the  board  under  the  law  to  discharge  the  teacher.  It  is  held  in  case 
of  Kirkpafoick  v.  Independent  District  of  Liberty,  53  Iowa,  585,  that 
the  board  does  not  act  as  a  court,  in  any  strict  sense,  and  is  not  bound 


SCHOOL  LAW  DECISIONS.  123- 

by  the  rules  applicable  to  a  court.  The  intent  of  the  statute  is  evidently, 
while  it  guards  carefulty  the  rights  of  the  teacher,  to  enable  the  board  to 
discharge  a  teacher  who,  after  a  careful  investigation,  is  determined  to- 
be  unfit  for  the  position.  It  is  termed  "a  simple  and  inexpensive  way 
of  determining  rights."  It  is  claimed  by  the  counsel  for  the  appellant 
that  when  a  certain  mode  is  prescribed  in  determining  a  case  not  in  the 
usual  course  of  the  common  law,  such  mode  must  be  followed,  and 
reference  is  made  to  the  case  of  Cooper  v.  Sunderland,  3  Iowa,  125. 
But  it  is  held  in  the  same  case  that  when  sufficient  appears  on  the  face 
of  the  records  to  give  it  jurisdiction  under  the  law  conferring  the  power, 
then  the  presumption  attaches  in  favor  of  the  remainder  of  the  proceed- 
ings of  the  court.  If  the  action  of  the  appellant  in  appearing  for  trial 
gave  the  board  jurisdiction,  then  all  the  proceedings  must  be  held  to  be 
regular.  The  discharge  of  a  teacher  is  largely  within  the  discretionary 
power  of  the  board.  They  are  to  guard  the  rights  of  the  district  and  the 
interests  of  the  school,  as  well  as  the  rights  of  the  teacher.  After  a  full 
and  fair  investigation  it  is  their  duty  to  act  as  they  deem  it  best,  under 
all  the  conditions  and  circumstances  of  the  case.  See  Smith  v.  District 
Township  of  Knox,  42  Iowa,  522.  This  being  the  case  it  is  the  duty  of 
the  county  superintendent  not  to  interfere  with  the  action  of  the  board 
unless  he  is  convinced  that  they  in  some  way  abused  their  discretion. 
He  is*  right  in  sustaining  the  board  even  though  as  an  individual  he  would 
have  preferred  some  other  action  on  their  part. 

Our  conclusion  is,  after  a  careful  consideration  of  the  matter  and  after 
reading  the  transcript  with  unusual  care,  that  the  defendant  had  a  fair 
and  impartial  trial,  and  that  the  terms  of  the  law  were  substantially 
complied  with.  The  decision  of  the  county  superintendent  is 

AFFIRMED. 
HENKY  SABIN, 

June  12,  1890.  Superintendent  of  Public  Instruction. 


KELLEY  AND  SMITH  v.  DISTRICT  TOWNSHIP  OF  EDEN. 
Appeal  from  Decatur  County. 

BOARD  OF  DIRECTORS.  After  such  a  decision  as  prevents  any  action  of  the  board' 
until  some  material  change  occurs,  in  order  that  the  board  may  act  anew 
changes  of  such  a  character  as  to  obviate  to  a  large  extent  the  objections  that 
previously  existed,  must  have  taken  place. 

The  main  points  in  this  case  are  simply  these:  On  the  8th  day  of  Feb- 
ruary, 1890,  the  board  voted  to  abolish  subdistrict  number  eight.  Appeal 
was  taken  to  the  county  superintendent,  who  reversed  the  action  of  the- 


124  SCHOOL  LAW  DECISIONS. 

board.      An  appeal  was  then  taken  to  the  superintendent  of  public 
instruction. 

This  department  has  held  that  when  a  case  involving  a  change  of  sub- 
district  boundaries  has  been  adjudicated  by  the  county  superintendent, 
reversing  the  action  of  the  board,  and  has  been  affirmed  when  brought 
•before  the  superintendent  of  public  instruction,  upon  appeal,  it  cannot 
again  be  brought  upon  appeal,  unless  it  can  be  shown  that  some  material 
^change  affecting  the  conditions  of  the  case  has  taken  place  since  the 
date  of  the  former  decision.  It  is  proper  to  say  that  this  holding  is 
based  upon  opinions  uniformly  given  by  the  former  superintendents  of 
public  instruction,  and  on  file  in  this  office. 

As  this  case  was  substantially  before  this  department  in  March,  1888, 
.it  is  first  in  order  to  determine  whether  any  material  change  has  taken 
place  affecting  the  conditions  of  the  case,  since  that  date.  By  a  material 
•change  we  mean  such  a  change  as  would  obviate  to  a  large  extent  the 
•objections  raised  against  the  action  of  the  board  at  that  time. 

The  erection  of  the  bridge  over  Little  Kiver  does  not,  according  to  the 
•testimony,  lessen  the  difficulty  of  attending  school  on  the  part  of  certain 
scholars,  as  the  bottom  land  is  impassable  during  high  water.  There  has 
been  no  decrease  in  the  number  of  pupils  which  renders  it  expedient  to 
-abolish  subdistrict  number  eight.  The  taxes  in  Eden  township  for 
.school  purposes  are  not  in  excess  of  what  they  were  in  1888. 

We  are  unable  to  find  after  carefully  reading  the  testimony  in  this 
-case,  that  there  has  been  any  material  change  affecting  this  case  since 
•our  decision  rendered  March  16,  1888.  This  conclusion  renders  it 
unnecessary  to  examine  other  points  raised  by  counsel. 

AFFIRMED  AND  DISMISSED. 

HENRY  SABIN, 
-June  23,  1890.  Superintendent  of  Public  Instruction. 


MICHAEL  DONELON  v.  DISTRICT  TOWNSHIP  OF  KNIEST. 
Appeal  from   Carroll    County. 

SUBDISTRICT  BOUNDARIES.  The  boundaries  of  subdistricts  may  be  changed  or  new 
subdistricts  formed,  only  at  the  regular  meeting  of  the  board  in  September  or 
at  a  special  meeting  held  before  the  following  March. 

On  the  24th  of  March,  1890,  the  board  made  an  order  changing  the 
boundary  between  subdistricts  four  and  five.  Michael  Donelon  residing 
upon  the  territory  transferred  appealed  to  the  county  superintendent, 
who  on  the  14th  of  April  affirmed  the  order  of  the  board,  and  from  his 
decision  Mr.  Donelon  appeals. 


SCHOOL  LAW  DECISIONS.  125, 

The  action  of  the  board  called  in  question  was  taken  under  section* 
1796,  the  first  of  which  section  reads:     "The  board  of  directors  shall,  at 
their  regular  meeting  in  September,  or  at  any  special  meeting  called' 
thereafter  for  that  purpose,  divide  their  township  into  subdistricts,  etc."' 
It  has  been  continuously  held  by  this  department  ever  since  the  enact- 
ment of  the  provision  of  law  quoted  above,  that  as  changes  in  the  sub- 
district  boundaries  under  section  1796  do  not  take  effect  until  the  follow- 
ing subdistrict  election,  it  is  therefore  the  manifest  intention  of  the  law  as- 
indicated  in  the  reading  of  the  portion  of  section  1796  we  have  quoted, 
that  said  changes  should  be  ordered  at  the  regular  meeting  of  the  board 
in  September,  or  at  a  specially  called  meeting  held  long  enough  before- 
the  subdistrict  election  to  allow  time  for  notices  to  be  given  for  the  elec- 
tion of  subdirectors,  and  that  the  law  does  not  give  the  board  power  to- 
change  subdistrict  boundaries  between  March  and  September,  but  only 
between  September  and  March.     If  this  is  the  meaning  of  the  law  it  is- 
decisive  of  this  case,  and  we  shall  be  compelled  to  dismiss  the  case  for 
want  of  jurisdiction. 

A  careful  examination  of  the  question  leads  us  to  the  same  conclu- 
sions uniformly  announced  by  our  predecessors.  We  are  able  in  no- 
other  way  to  explain  the  wording  of  the  section.  It  seems  plain  that  the- 
law  intends  to  impose  the  limitation  upon  the  board  so  clearly  indicated 
by  the  phraseology  of  section  1796. 

Attention  is  invited  to  the  decisions  found  on  pages  25,  26,  and  63, 
School  Law  Decisions  of  1876.  It  is  also  worthy  of  notice  that  this- 
principle  has  been  considered  to  be  so  fully  established  in  practice  and* 
so  well  understood,  that  cases  referring  to  the  universally  admitted  fact 
have  been  omitted  from  the  three  compilations  of  decisions  made  since 
1876.  This  case  is  the  first  appeal  for  many  years  past  reviving  the- 
question. 

We  are  aware  that  the  case  in  70  Iowa,  338,  may  be  urged  as  afford- 
ing opportunity  for  a  different  view  than  the  one  taken  by  us.  But  it- 
must  be  observed  that  the  matter  at  issue  in  that  case  is  whether  the 
board  have  power  to  exercise  their  discretion  in  so  full  and  complete  a> 
manner  as  to  dispense  entirely  with  a  new  subdistrict  recently  created 
by  a  former  board,  and  thus  by  a  single  order  opposite  in  intention  to- 
nullify  all  that  had  been  done  previously  in  regard  to  change  of  boundar 
ries.  It  was  urged  that  the  board  do  not  have  such  power  after  the  sub- 
district  has  acquired  a  legal  existence.  The  effect  of  the  decision  is  to- 
establish  the  power  of  the  board  to  exercise  their  fullest  discretion  in 
determining  the  necessity  for  change  of  boundaries,  subject  to  the- 
remedy  of  appeal.  We  cannot  interpret  the  decision  as  setting  aside 
that  provision  of  1796  which  directs  that  such  changes  in  boundaries 
shall  be  made  at  the  regular  meeting  of  the  board  in  September,  or  at  a. 


126  SCHOOL  LAW  DECISIONS. 

special  meeting  thereafter,  obviously  not  to  be  held  later  than  the  first 
Monday  in  March. 

It  is  apparent  then  that  the  action  of  the  board  complained  of  in  this 
case  was  not  ^accordance  with  law,  and  hence  was  null  and  void.  It 
is  fortunate  that  the  board  have  an  opportunity  within  a  few  weeks  to 
take  such  action  as  may  then  seem  to  them  for  the  best  interests  of  their 
district  and  and  all  concerned. 

KEVERSED  AND  DISMISSED. 
HENRY  SABIN, 

August  23,  1890.  Superintendent  of  Public  Instruction. 


E.   J.  HOSKINS  ET  AL.  V.  DISTRICT  TOWNSHIP  OF  LlNCOLN . 

Appeal  from  Shelby  County. 

1 .  DISCRETIONARY  ACTS.    The  appellate  tribunal  is  to  decide  only  whether  the 
action  complained  of  in  the  affidavit  of  appeal  is  proved  to  be  of  such  a  nature 
as  to  compel  a  reversal  of  such  action. 

2.  APPEAL.    It  is  not  intended  that  the  superintendent  of  public  instruction  shall 
hear  an  appeal  case  de  novo.    He  is  confined  to  the  record  of  the  case  as  heard 
before  the  county  superintendent. 

.3.     .     It  is  not  the  purpose  of  an  appeal  to  secure  a  decision  as  to  which 

of  two  sites  is  preferable,  or  as  to  whether  a  better  site  might  not  have  been 
found.  If  the  site  chosen  is  proved  to  be  unsuitable,  or  an  abuse  of  discretion- 
ary power  is  clearly  shown,  then  the  order  of  the  board  may  be  set  aside,  buf 
not  otherwise. 

On  May  19,  1890,  the  directors  passed  an  order  locating  the  school- 
house  site  in  subdistrict  number  seven,  in  the  N.  W.  corner  of  section 
36.  From  this  order  E.  J.  Hoskins  appealed  to  the  county  superin- 
tendent, who  affirmed  the  action  of  the  board.  Appeal  was  then  taken 
to  the  superintendent  of  public  instruction. 

Exclusive  power  to  locate  school-house  sites  is  vested  in  the  board. 
Such  power  is  nowhere  given  to  the  county  superintendent.  The  only 
limitations  imposed  upon  the  board  are  that  they  shall  observe  the  geo- 
graphical position  and  the  convenience  of  the  people.  If  any  one  is 
aggrieved  by  the  action  of  the  board  he  may  appeal  to  the  county  super- 
intendent, who  has  the  power  after  a  hearing  of  the  case  to  reverse  their 
action  provided  he  is  satisfied  beyond  a  reasonable  doubt  that  they  have 
violated  law,  or  abused  their  discretion  in  some  way,  as  by  choosing  a 
site  too  far  from  the  geographical  center  or  one  which  is  not  suited  to 
the  convenience  of  the  people. 

It  is  not  claimed  in  the  present  case  that  the  board  violated  law  in  any 
The  difference  between  the  two  sites  in  question  is  only  eighty 


SCHOOL  LAW  DECISIONS.  12  7 

rods  and  there  is  no  preponderance  of  evidence  to  show  that  one  is  much 
more  suited  to  the  convenience  of  the  people  than  the  other.  It  is  not 
the  intention  of  the  law  that  the  county  superintendent  should  place  his 
private  judgment  over  against  the  judgment  of  the  board.  His  duty  is 
to  determine  whether  the  grievance  complained  of  in  the  affidavit  is 
proved  to  be  of  such  a  nature  as  to  warrant  him  in  interfering  with  the 
action  of  the  board.  His  own  opinion  that  some  other  course  of  action 
would  have  been  better  should  not  be  allowed  to  bias  his  decision.  The 
counsel  for  appellants  urged  at  the  trial  before  the  superintendent  of 
public  instruction,  that  they  could  not  get  a  trial  of  facts  before  the 
county  superintendent ;  they  desired  him  to  ascertain  which  of  the  two 
sites  is  more  preferable  as  a  site  for  a  building  and  to  base  his  decision 
upon  that  alone.  The  affidavit  upon  which  the  case  was  tried  before  the 
county  superintendent  alleges  in  substance  that  the  site  chosen  by  the 
board  is  for  various  reasons  unsuitable  for  school  purposes.  The  issue 
-was  joined  upon  this  fact,  and  the  county  superintendent  in  his  decision 
Unds  that  while  the  site  contended  for  by  the  appellants  is  in  some  re- 
spects the  better  of  the  two,  the  one  selected  by  the  board  is  not  unsuit- 
able for  school  purposes  and  constitutes  what  he  considers  a  fair  average 
site.  Under  such  conditions  he  very  properly  affirmed  the  action  of  the 
board. 

The  counsel  for  appellant  places  great  stress  upon  the  decision  of  the 
supreme  court  in  the  case  of  Atkinson  et  al.  v.  Hutchinson  et  al.,  68 
Iowa,  161,  to  prove  that  the  superintendent  of  public  instruction  is  not  of 
necessity  confined  to  the  exact  record  made  before  the  county  superin- 
tendent, but  that  his  decision  should  be  based  upon  all  essential,  existing 
facts.  It  is  supposed  that  such  facts  are  brought  out  upon  the  trial  be- 
fore the  county  superintendent  and  appear  in  the  transcript  of  evidence 
sent  up  with  the  case.  If  between  the  time  of  trial  before  the  county 
superintendent  and  the  trial  before  the  superintendent  of  public  instruction 
some  essential  evidence  comes  to  li^ht  which  could  not  from  its  nature 
have  been  known  at  the  time  of  the  trial  before  the  county  superintendent, 
it  would  perhaps  be  proper  for  the.  superintendent  of  public  instruction 
to  take  it  into  consideration  before  rendering  his  decision.  In  the  case 
•cited,  at  that  time  before  the  supreme  court,  it  was  contended  that  certain 
unusual  changes  took  place  prior  to  the  hearing  before  the  superintendent 
of  public  instruction,  which  affected  very  materially  the  condition  of 
affairs.  The  court  in  rendering  its  decision  took  it  for  granted  that  these 
changes  were  known  to  the  superintendent  of  public  instruction  at  the 
time  he  decided  the  case.  If  the  supreme  court  had  intended  to  convey 
the  idea  that  it  is  the  province  of  the  superintendent  of  public  instruction 
to  hear  the  case  de  novo  in  the  usual  acceptation  of  that  term,  they  would 
hardly  have  said  that  the  legislature  designed  to  provide  an  inexpensive  and 


128  SCHOOL  LAW  DECISIONS. 

summary  way  of  disposing  of  these  questions  when  it  afforded  aggrieved 
parties  the  right  of  appeal.  Indeed  if  the  superintendent  of  public  in- 
struction had  the  power  to  discard  the  trial  before  the  county  superin- 
tendent, and  to  send  for  witnesses  and  papers  from  remote  sections  of 
the  state,  as  would  be  necessary  in  hearing  these  cases  de  novo,  this- 
would  prove  the  most  expensive  and  tedious  way  of  disposing  of  these 
questions  which  it  would  be  possible  to  devise. 

The  decision  of  the  county  superintendent  is 

AFFIRMED. 
HENKY  SABIN, 

October  9,  1890.  Superintendent  of  Public  Instruction. 


HEFFEKN  AND  VAN  PATTER  v.  DISTRICT  TOWNSHIP  OF  TIPTON. 
Appeal  from  Hardin  County. 

1.  SCHOOL-HOUSE  TAXES.     The  board  may  not  refuse  to  expend  school-house 
funds  for  the  purposes  for  which  they  were  voted. 

2.  MANDAMUS.    To  compel  the  performance  of  an  official  duty  not  involving  the 
exercise  of  discretion,  a  writ  of  mandamus  is  a  speedy  remedy. 

The  affidavit  in  this  case  recites  in  effect  that  at  their  meeting  in  March, 
1889,  the  electors  of  subdistrict  number  one  voted  a  tax  of  two  hundred 
dollars  on  themselves  to  purchase  a  site  near  the  center  of  the  subdistrict, 
remove  the  school-house,  and  procure  a  highway  to  the  same.  At  their 
meeting  March  17,  1890,  the  board  voted  to  lay  on  the  table  a  petition 
asking  for  immediate  action.  The  county  superintendent  affirmed  the 
action  of  the  board.  Heffern  and  Yan  Patter  appeal. 

There  is  no  doubt  as  to  the  facts  in  this  case.  The  tax  of  two  hundred 
dollars  was  voted,  was  levied  by  the  supervisors,  and  part  of  it  has  been 
collected  and  is  now  in  the  hands  of  the  district  treasurer.  In  such  a 
case  there  is  no  provision  of  law  by  which  the  board  may  be  excused 
from  expending  the  money  for  the  purposes  for  which  it  was  levied. 
This  duty  is  not  discretionary  but  mandatory.  The  board,  however,  are 
entitled  to  a  reasonable  length  of  time,  and  may  use  their  discretion  as 
to  the  best  and  most  economical  way  of  expending  the  money  provided 
they  regard  strictly  the  purpose  for  which  it  was  raised.  It  does  not 
appear  that  the  board  in  laying  the  petition  upon  the  table  were  actuated 
by  any  desire  to  delay  action  unreasonably  or  to  defeat  the  wishes  of  the 
electors.  The  board  have  also  large  discretionary  powers  when  deter- 
mining the  location  of  a  highway. 

We  are  disposed  after  a  careful  consideration  of  this  case  to  remand 
it  to  the  county  superintendent,  to  be  by  her  remanded  to  the  board 


SCHOOL  LAW  DECISIONS.  129 

with  instructions  that  they  proceed  at  the  earliest  date  possible  to  carry 
out  in  good  faith  the  wishes  of  the  electors  of  subdistrict  number  one. 
If  they  fail  to  do  this  the  most  speedy  remedy  for  any  one  aggrieved  is 
an  application  to  the  court  for  a  writ  compelling  the  directors  to  act. 

AFFIRMED  AND  REMANDED. 

HENRY  SABIN7 
March  24.  1891.  Superintendent  of  Public  Instruction. 


W ATKINS,  RICHIE,  et  al.  v.  INDEPENDENT  DISTRICT  OF  EMPIRE. 
Appeal  from  Marion  County. 

APPEAL.  The  action  of  two  boards  upon  a  subject  over  which  they  have  divided 
control  constitutes  a  concurrent  action,  and  appeal  may  betaken  only  from 
the  order  of  the  board  taking  action  last. 

The  affidavit  upon  which  this  appeal  is  brought  to  this  department  re- 
cites in  effect  that  the  appellants  are  aggrieved  by  the  decision  of  the 
county  superintendent,  reversing  the  action  of  the  board  of  the  independ- 
ent district  of  Empire  and  attaching  certain  territory  described  as  the 
northeast  quarter  of  the  southeast  quarter  of  section  25  to  the  independ- 
ent district  of  Highland  for  school  purposes. 

The  transcript  shows  that  upon  the  petition  of  Isham  Watkins,  the  di- 
rectors of  the  independent  district  of  Highland  acceded  to  the  transfer 
of  said  forty  acres,  but  that  the  directors  of  the  independent  district  of 
Empire  refused  to  concur.  It  is  granted  that  in  this  case  the  county 
superintendent  has  only  appellate  jurisdiction,  and  that  said  officer  can 
only  affirm  or  reverse  a  concurrent  action. 

The  only  remaining  point  in  the  argument  of  counsel  for  the  independ- 
ent district  of  Empire  is,  that  as  there  was  no  agreement  of  the  two 
boards  there  was  no  action  and  consequently  the  county  superintendent 
had  no  jurisdiction.  It  is  held  that  a  concurrent  action  is  one  in  which 
the  action  of  two  boards  is  necessary  in  order  to  determine  the  question 
at  issue.  In  this  case  the  question  to  be  determined  was  the  transfer  of 
certain  territorry  from  the  independent  district  of  Empire  to  the  inde- 
pendent district  of  Highland.  The  independent  district  of  Highland 
voted  to  annex  the  territory  to  their  district.  The  independent  district 
of  Empire  refused  to  concur  and  the  action  as  far  as  the  two  districts 
were  concerned  was  completed. 

It  was  plainly  such  an  action  as  is  contemplated  under  section  1829  in 
defining  the  right  of  appeal.  See  Dayton  v.  District  Township  of  Cedar, 

9 


130  SCHOOL  LAW  DECISIONS. 

page  58,  'School  Law  Decisions  of  1888,  also  Walton  v.  Independent  Dis- 
trict of  Osage,  page  158,  School  Law  Decisions  of  1876.  It  cannot  be 
held  in  the  case  at  bar,  that  the  county  superintendent  did  what  neither 
'board  had  power  to  do,  in  ordering  the  territory  in  question  to  be  trans- 
ferred. She  simply  on  appeal  corrected  what  she  deemed  to  be  an  error 
•of  discretion  on  the  part  of  the  board  completing  the  action,  and  in  this 
she  did  not  exceed  her  jurisdiction  The  decisions  of  this  department 
'have  invariably  upheld  this  view  of  such  cases. 

We  think  the  board  of  Empire  district  in  refusing  to  concur  com- 
mitted an  error  sufficient  to  justify  the  county  superintendent  in  revers- 
ing them.  The  decision  of  the  county  superintendent  is 

AFFIRMED. 

HENRY  SABIN, 

JMarch  27,  1891.  Superintendent  of  Public  Instruction. 


ELISHA  AND  ELDA  TANNER  v.  INDEPENDENT  DISTRICT  OF  CLARENCE. 
Appeal  from    Cedar  County. 

1.  AFFIDAVIT.     A  technical  error  in  the  affidavit  not  prejudicial  to  either  party 
will  not  defeat  the  appeal. 

2.  SCHOOL  PRIVILEGES.    The  law  is  to  be  construed  in  the  interest  of  the  child. 
The  actual  residence  of  the  scholar  at  the  time  will  establish  the  [right  to 
attend  school  free  of  tuition. 

The  directors  of  the  independent  district  of  Clarence  excluded  Elda 
Tanner  from  school  until  such  time  as  her  tuition  is  paid,  on  the  ground 
that  she  is  a  non-resident  pupil.  The  county  superintendent  on  appeal 
reversed  the  action  of  the  board  and  appeal  was  taken  to  the  superin- 
tendent of  public  instruction.  It  was  claimed  before  the  county  super- 
intendent that  inasmuch  as  the  affidavit  upon  which  the  appeal  was  based 
was  without  the  seal  of  the  notary  public,  that  there  were  no  grounds 
upon  which  the  appeal  could  be  legally  based.  While  it  is  true  that  the 
notarial  seal  is  necessary  to  constitute  an  affidavit,  in  this  case  the  notary 
public  was  present  at  the  time  of  trial  and  under  oath  testified  that  the 
omission  of  the  seal  was  only  an  oversight  on  his  part,  and  that  the  per- 
sons therein  designated  did  make  oath  to  the  paper  and  affix  their  signa- 
tures to  it  in  his  presence,  then  he  also  there  affixed  the  notarial  seal.  It 
is  held  that  since  no  interests  were  prejudiced  by  the  error  which  at  the 
best  was  only  technical,  that  the  county  superintendent  did  not  commit 
.an  error  in  overruling  the  motion  to  dismiss  the  case. 

The  allegation  of  facts  made  by  Elda  Tanner  are  that  she  is  sixteen 
years  of  age,  that  her  father  and  mother  have  parted,  and  that  for  ten 


SCHOOL  LAW  DECISIONS.  131 

years  or  more  she  made  her  home  in  the  family  of  Mrs.  McCartney  in  Mas- 
silon  township.  Before  she  came  to  Clarence  she  had  an  understanding 
with  her  father  that  she  was  to  care  for  herself  thereafter.  She  also  claims 
that  being  thus  emancipated  from  her  father's  control,  she  chose  to  be- 
come a  resident  of  Clarence,  and  as  an  actual  resident  of  that  school 
district  is  entitled  to  the  privileges  of  school  under  the  provisions  of 
section  1794. 

It  is  of  interest  to  ascertain  how  far  such  an  agreement  constitutes 
emancipation  of  a  minor  child.  It  is  held  in  1  Iowa,  356,  that  in  the 
absence  of  statutory  requirements  such  emancipation  need  not  be  evi- 
denced by  any  formal  or  record  act,  but  may  be  proved  like  any  other 
fact.  The  evidence  of  Elda  Tanner  in  this  case  is  corroborated  by  that  of 
her  father,  and  of  Mrs.  McCartney  who  was  present  during  the  conver- 
sation. We  are  disposed  to  hold  that  Elda  Tanner  under  the  facts  as 
sworn  to  before  the  county  superintendent  was  at  liberty  to  choose  such 
a  place  of  residence  as  seemed  to  her  most  fitting.  What  constitutes  an 
actual  residence  for  school  purposes?  The  provisions  of  the  statute  say 
that  it  is  to  be  considered  without  regard  to  time  of  acquiring  such 
residence,  whether  before  or  after  enumeration,  and  regardless 
of  the  residence  of  the  parents.  The  evident  and  beneficent  intent  of 
the  law  is  that  no  child  shall  be  deprived  of  school  privileges.  The 
father  of  a  family  may  move  into  the  district  from  an  adjoining  state, 
and  although  certain  time  must  elapse  before  he  is  entitled  to  vote  he 
may  place  his  children  in  school  the  very  day  he  arrives.  In  the  same 
spirit  it  has  been  held  that  children  living  in  families  in  which  their  work 
compensates  for  their  board,  are  actual  residents  and  are  entitled  to 
school  privileges.  The  law  is  to  be  construed  in  their  interests.  The 
district  is  entitled  to  have  such  children  enumerated,  if  they  are  thus 
actual  residents  at  the  time  the  school  census  is  taken.  We  do  not 
undertake  to  decide  that  parents  or  guardians  can  transfer  children  from 
one  district  to  another  for  school  purposes  alone,  but  only  that  those  who 
are  actual  residents  under  the  provisions  of  the  law  may  attend  school 
without  the  payment  of  tuition.  While  it  is  true  in  general  that  the  res- 
idence of  a  child  is  the  same  as  that  of  the  parents  or  guardian,  the  law 
evidently  contemplates  exceptions  to  this  general  rule  and  leaves  the 
right  to  attend  school  to  be  established  by  the  actual  residence  of  the 
child.  Any  other  construction  would  not  be  in  accordance  with  the 
spirit  of  the  law,  and  would  deprive  many  children  of  the  right  to 
attend  the  public  schools. 

In  this  case  the  question  of  residence  is  largely  one  of  intent.  The 
testimony  of  Elda  Tanner  is  to  the  effect  that  she  was  at  the  time  of  at- 
tendance an  actual  resident  of  Clarence,  and  had  no  other  place  of  resi- 


132  SCHOOL  LAW  DECISIONS. 

dence.     It  was  competent  for  the  board  to  disprove  this,  but  we  cannot 
find  that  the  testimony  to  that  effect  is  conclusive. 

It  is  held  that  the  board  erred  in  excluding  Elda  Tanner  from  school 
and  the  decision  of  the  county  superintendent  is 

AFFIRMED. 
HENRY  SABIN, 
April  24,  1891.  Superintendent  of  Public  Instruction. 


J.  C.  REED  et  al.,  v.  DISTRICT  TOWNSHIP  OF  EAGLE. 
Appeal  from  Sioux  County. 

1.  SUBDISTRICTS:    Form  of.    The  board  should  be  encouraged  in  forecasting  a 
general  plan  looking  toward  an  ultimate  regularity  in  the  form  of  subdistricts. 

2.  SCHOOL-HOUSE:    Power  to  build.    There  is  no  limitation  in  law  as  to  the  num- 
ber of  scholars  to  be  accommodated,  in  order  that  the  board  may  provide  a 
school-house. 

The  above  named  district  township  coincides  with  a  congressional 
township  and  consists  of  a  single  subdistrict.  Portions  of  the  district 
are  yet  sparsely  settled.  The  board  seem  to  have  projected  a  plan  to  so 
locate  school-houses  when  they  must  be  supplied,  that  ultimately  the  town- 
ship shall  have  nine  subdistricts  each  of  four  sections. 

On  the  16th  of  March  the  board  ordered  a  school-house  built  at  the 
center  of  the  square  of  four  sections  in  the  southeastern  corner  of  the 
township.  From  this  action  J.  C.  Reed  appealed  to  the  county  super- 
intendent who  affirmed  the  order  of  the  board.  From  this  decision  Mr. 
Reed  appeals. 

It  was  urged  before  the  county  superintendent  that  the  board  were 
prevented  by  the  law  from  building  a  school-house  for  the  accommoda- 
tion of  a  less  number  than  fifteen  of  school  age.  The  question  now  to 
be  determined  is  whether  the  county  superintendent  erred  in  affirming 
the  order  of  the  board. 

The  board  seemed  to  have  outlined  a  policy  of  regarding  each  four 
sections  as  a  separate  division,  to  be  provided  with  school  advantages 
by  itself.  So  far  as  forecasting  the  probable  form  of  subdistricts  to  be 
created  in  the  future,  we  think  the  board  might  be  guided  in  the  location 
of  school-houses  at  the  present  time  by  such  policy  in  order  that  ulti- 
mately each  subdistrict  will  have  the  form  desired  and  each  school-house 
will  be  located  so  as  best  to  accommodate  all  patrons. 

But  while  matters  are  in  this  progressive  condition,  we  think  the  law 
does  not  confer  power  upon  the  board  to  apply  the  limitations  of  section 
1725,  and  decide  that  until  fifteen  of  school  age  are  to  be  accommodated 


SCHOOL  LAW  DECISIONS.  133 

by  the  school-house  to  be  built  no  house  may  be  erected.  In  this  case 
for  instance  there  is  but  one  single  subdistrict.  The  board  may  create 
other  subdistrictrf  provided  fifteen  of  school  age  are  included  within  the 
boundaries  of  each  one  so  formed.  But  the  board  are  not  prevented 
from  building  more  than  one  school-house  in  any  subdistrict.  -See  69 
Iowa,  533.  In  the  absence  of  specific  instructions  in  connection  with 
the  voting  of  the  taxes  by  the  electors,  the  board  are  empowered  to  lo- 
cate sites  when  in  their  judgment  a  school-house  seems  to  be  most  de- 
manded. 

We  are  unable  to  find  from  the  evidence  any  reason  to  disturb  the 
finding  of  the  county  superintendent  and  his  decision  is  therefore 

AFFIRMED. 
HENRY  SABIN, 

July  3,  1891.  Superintendent  of  Public  Instruction. 


J.  H.  BURDICK  et  al.  v.  DISTRICT  TOWNSHIP  OF  BRITT. 
Appeal  from  Hancock  County. 

INDEPENDENT  DISTRICT:  Organization  of.  In  fixing  boundaries  the  general  wel- 
fare must  be  regarded.  Besides  the  town  itself,  only  such  territory  should  be 
embraced  as  will  add  to  the  usefulness  of  the  new  district,  and  not  deprive  any 
large  number  of  adequate  school  privileges. 

The  incorporated  town  of  Britt  includes  the  entire  civil  township,  ex- 
cepting sections  1,  2,  3,  10,  11,  12,  13,  M,  15,  the  E.  half  of  4  and  9,  and 
the  N.  half  of  22,  23  and  24.  In  March,  1891,  a  petition  was  presented 
to  the  board  asking  for  the  formation  of  an  independent  district.  The 
petition  was  granted  and  the  board  proceeded  under  section  1801  to  per- 
fect the  organization.  It  is  evident  from  the  transcript  of  the  secretary 
that  the  board  took  unusual  care  to  comply  with  the  requirements  of  the 
law  in  every  particular.  They  also  fixed  the  boundaries  of  the  proposed 
independent  district  of  Britt  to  include  the  entire  township  of  Britt,  and 
the  north  half  of  the  north  tier  of  sections  in  the  adjoining  township  of 
Erin.  Appeal  was  taken  to  the  county  superintendent  as  provided  for 
in  section  1829,  and  that  officer  reversed  the  action  of  the  board.  Appeal 
was  then  taken  to  the  superintendent  of  public  instruction. 

Section  1806  provides  that  independent  districts  shall  be  governed  by 
the  laws  enacted  for  the  regulation  of  district  townships,  as  far  as  the 
same  may  be  applicable.  It  must  be  held  under  any  fair  construction  of 
language  that  it  is  not  the  intention  of  the  law  to  deprive  the  inhabi- 
tants of  independent  districts  of  the  right  of  appeal.  It  must  also  be 
held  in  accordance  with  the  usual  practice  that  the  appellants  had  a  right 


134:  SCHOOL  LAW  DECISIONS. 

to  amend  their  appeal  as  they  did.     The  county  superintendent  did  not 
err  in  refusing  to  dismiss  the  case  for  these  reasons. 

The  independent  district  of  Britt  if  formed  must  include  all  the  terri- 
tory within  the  Hmits  of  the  incorporated  town.  See  section  1,  of  chap- 
ter 118,  laws  of  1882.  The  board  could  not  fix  upon  less  territory,  and 
they  might  include  more.  See  section  1801. 

The  only  question  then  is,  did  the  board  err  in  including  so  much  ter- 
ritory contiguous  as  to  make  the  new  district  unwieldy,  and  thus  to  lessen 
in  some  degree  the  school  privileges  of  a  number  of  pupils,  and  to  prac- 
tically deprive  the  people  of  certain  portions  of  the  territory  of  the  right 
to  manage  their  own  school  affairs. 

It  is  plain  from  an  inspection  of  the  plat  submitted  in  evidence  that 
the  territory  taken  from  Erin  township  will  be  better  accommodated 
with  school  privileges  if  connected  with  the  independent  district  of 
Britt  as  a  part  thereof. 

It  does  seem  however  that  the  portion  of  the  township  of  Britt  lying 
outside  of  the  incorporated  town  of  Britt,  should  for  the  present  be  left 
as  a  district  township  as  provided  in  section  1809.  Under  the  same  sec- 
tion the  boundary  lines  between  these  two  districts  can  be  changed  at 
any  time  by  the  concurrent  action  of  the  two  boards,  so  as  to  include 
any  or  all  of  this  territory  in  the  independent  district.  It  is  therefore 
ordered  that  the  independent  district  of  Britt  be  constituted  to  contain 
the  incorporated  town  of  Britt,  together  with  the  N.  half  of  sections  1, 
2,  3,  4,  5,  and  6,  of  Erin  township. 

MODIFIED  AND  AFFIRMED. 
HENKY  SABIN, 

August  7,  1891.  Superintendent  of  Public  Instruction. 


J.  H.  BURDICK  etal.  v.  DISTRICT  TOWNSHEP  OF  BRITT. 
Appeal  from  Hancock  County. 
ON  MOTION  FOR  A  KEHEARINGL 

REHEARING.  A  new  trial  should  be  refused  unless  cogent  reasons  are  produced*, 
causing  doubts  to  arise  as  to  whether  the  merits  of  the  case  were  fully  and 
fairly  set  forth  at  the  former  hearing.  The  reasons  urged  must  present  a 
strong  probability  that  a  modification  of  the  previous  decision  might  be  found! 
to  be  desirable. 

It  is  urged  by  the  attorney  for  the  appellant  that  in  the  carrying  out 
of  our  decision  made  August  7,  by  which  the  finding  of  the  county  super- 
intendent was  so  modified  as  to  fix  other  boundaries  for  the  contem- 
plated independent  district  of  Britt  than  those  ordered  by  the  board,  cer- 


SCHOOL  LAW  DECISIONS.  135. 

tain  difficulties  will  be  met.  It  is  also  claimed  that  a  decision  may  be 
made  that  will  avoid  any  legal  obstacle  to  the  same  conclusion  sought  by 
the  decision  already  given.  The  form  of  such  new  decision  is  suggested 
in  the  application  for  rehearing. 

With  due  respect  to  the  counsel  we  must  state  that  the  implication 
that  we  were  not  fully  apprised  of  the  bearing  of  the  entire  law  and  of 
the  many  impediments  to  be  encountered  in  the  creation  of  independent 
districts  is  not 'founded  in  fact.  All  the  points  raised  by  counsel,  and 
many  others,  have  been  fully  within  the  knowledge  of  this  tribunal  and 
we  have  endeavored  to  expedite  matters  to  the  fullest  degree  within  our 
power.  If  the  ends  of  justice  are  not  met  the  fault  lies  with  those  giving 
cause  for  the  appeal. 

If  the  independent  district  of  Britt  could  organize  as  suggested,  the 
new  civil  township  could  be  created  only  under  great  difficulty.  See 
section  1799.  In  no  case  could  this  be  done  before  the  next  general 
election,  and  the  new  district  township  could  not  be  formed  until  next 
March.  See  sections  1810  and  1715.  In  the  meantime  taxes  would  be 
levied  and  school  facilities  provided  by  the  independent  district  of  Britt. 
When  the  territory  set  off  was  duly  organized  as  a  new  district  a  division 
of  assets  and  liabilities  would  have  to  be  made. 

It  is  plain  that  if  our  decision  were  modified  as  asked,  the  result  would 
be  to  involve  the  territory  in  controversy  unnecessarily,  to  add  to  the 
county  records,  to  bring  upon  those  living  outside  the  incorporation  un- 
called for  worry  and  delay,  and  all  to  their  disadvantage.  We  cannot 
find  warrant  for  imposing  such  burdens  upon  them. 

For  the  reasons  named  we  are  compelled  to  refuse  to  grant  a  rehear- 
ing. 

HENRY  SABIJST, 

August  15,  1891.  Superintendent  of  Public  Instruction. 


E.  A.  SHEAFE  v.  INDEPENDENT  DISTRICT  OF  CENTER,  CENTER  TOWNSHIP. 
Appeal  from  Wapello  County. 

1  >  TEACHER.  As  an  employe  of  the  district  the  teacher  may  justly  claim  and  ex- 
pect to  receive,  the  official  assistance  and  advice  of  the  board. 

2.  .  Section  1734  insures  the  teacher  a  fair  and  impartial  trial,  before  he 

may  be  discharged. 

The  history  of  this  case  presents  nothing  unusual.  The  directors  voted 
to  discharge  the  teacher  upon  certain  preferred  charges.  The  teacher 
appealed  to  the  county  superintendent  who  reversed  the  action  of  the 
board.  The  directors  now  appeal. 

Section  1757  sets  forth  plainly  the  nature  of  the  contract  which  is  the 
evidence  of  agreement  between  the  directors  acting  for  the  district  as  one 


136  SCHOOL  LAW  DECISIONS. 

party,  and  the  teacher  as  the  other  party.  Section  1734:  prescribes  the 
only  method  by  which  the  directors  may  terminate  the  contract  in  advance 
or  discharge  the  teacher.  Both  parties  are  equally  bound  by  this  con- 
tract, and  as  the"  board  is  a  continuous  body  the  election  of  an  entire  new 
board  does  not  change  the  relations  of  the  contracting  parties.  But  in- 
asmuch as  the  directors  also  act  as  judges  whose  duty  it  is  to  decide 
whether  the  contract  shall  be  terminated,  being  themselves  parties  to  the 
contract  it  becomes  them  to  weigh  the  evidence  in  the  case  with  the 
greatest  care  and  to  give  the  teacher  the  benefit  of  any  reasonable  doubt. 
In  the  present  case  the  forms  of  the  law  were  complied  with,  and  the 
teacher  was  permitted  to  be  present  and  make  his  defense. 

The  transcript  sent  up  by  the  county  superintendent  shows  that  one  of 
the  complaints  upon  which  the  teacher  was  tried,  was  signed  by  Jacob 
Ream,  who  also  is  one  of  the  directors  and  acted  as  one  of  the  judges  in 
the  case.  This  is  strong  presumptive  evidence  of  prejudice  on  the  part 
of  one  of  the  judges  at  least,  and  this  evidence  is  strengthened  by  the 
fact  that  Jacob  Ream  is  the  father  of  John  Ream  whose  punishment  is 
made  a  matter  of  complaint.  It  is  further  strengthened  by  the  fact 
brought  out  in  the  evidence,  that  the  present- board  were  elected  for  the 
purpose  and  with  the  intent  of  displacing  the  teacher.  The  law  is  very 
careful  to  guard  the  rights  of  the  teacher  and  to  insure  him  a  fair  trial. 
That  certainly  can  not  be  considered  a  fair  trial  in  the  eyes  of  the  law, 
in  which  one  of  the  judges  who  is  to  give  his  vote  for  acquittal  or  con- 
viction is  a  complainant  in  the  case  and  is  as  ready  to  pronounce  the 
verdict  before  he  hears  the  testimony  as  afterward. 

The  board  invited  the  teacher  to  resign  at  their  first  meeting,  and  upon 
his  refusal  they  proceeded  at  once  to  take  steps  to  discharge  him.  Under 
certain  circumstances  this  might  be  right,  when  necessary  to  relieve  the 
school  from  a  teacher  proved  to  be  incompetent  or  immoral.  But  gen- 
eral dissatisfaction  as  alleged  in  the  petition  or  the  desire  to  hire  a  lady 
teacher  for  the  summer  term,  or  to  lessen  the  expenses  of  the  district, 
can  not  be  held  to  form  any  reason  for  discharging  the  teacher.  The 
alleged  punishment  of  the  two  boys  is  not  proved  in  either  case  to  have 
been  unreasonably  severe,  to  have  been  inflicted  in  a  passion,  or  to  have 
resulted  in  any  permanent  injury.  These  punishments  happened  some 
weeks  before  and  if  worthy  of  notice  complaint  should  have  been  made 
to  the  old  board. 

It  does  not  appear  necessary  to  enter  any  further  into  the  merits  of 
this  case.  It  is  held  that  no  error  was  committed  in  reversing  the  action 
of  the  board  and  the  decision  of  the  county  superintendent  is  therefore 

AFFIRMED. 
HENRY  SABIN, 

October  20,  1891.  /Superintendent  of  Public  Instruction. 


SCHOOL  LAW  DECISIONS.  137 


L..  GOFF  v.  INDEPENDENT  DISTRICT  OF  DALLAS. 

Appeal  from  Marion  County. 

1.  BOARD  OF  DIRECTORS.    The  board  must  endeavor  to  determine  the  actual  in- 
tention of  the  electors,  and  to  carry  out  their  expressed  wishes . 

2.  REMANDING  OF  CASES.     Unless  the  transcript  indicates  clearly  the  manner  in 
which  the  board  understand  the  expression  of  the  electors,  an  appellate  tri- 
bunal on  the  trial  will  be  compelled  to  rema'nd  the  case  to  the  board  for  a 
more  definite  action. 

8.     MANDAMUS.     The  surest  method  to  secure  the  performance  of  a  mandatory 
duty  is  application  to  a  court  for  a  writ  of  mandamus. 

At  a  meeting  held  August  12-13, 1891,  the  board  voted  in  effect  to  sell 
the  site  at  present  occupied  for  school-house  purposes  in  or  adjoining  the 
village  of  Dallas,  and  to  build  two  school  buildings  one  to  be  located  at  a 
site  about  one  mile  east  of  said  village  of  Dallas,  and  another  about  twenty 
rods  west  of  S.  E.  corner  of  section  2.  Appeal  was  taken  to  the  county 
superintendent,  who  affirmed  the  action  of  the  board  in  locating  the  site 
in  the  west  part  of  the  district,  but  reversed  their  action  in  regard  to  the 
location  east  of  the  village  of  Dallas.  Appeal  was  then  taken  to  the 
superintendent  of  public  instruction. 

It  is  difficult  to  determine  from  the  transcript  sent  up  with  this  case, 
what  were  the  intentions  of  the  electors  regarding  the  matter  of  a  new 
school-house,  as  expressed  at  the  district  meeting,  March  9,  1891.  The 
secretary's  records  show  that  the  motion  to  erect  a  school-house  at  each 
end  of  the  district  was  voted  down,  as  was  also  a  motion  to  repair  the 
old  school-house  or  to  sell  that  and  build  a  new  one  with  two  rooms. 

The  vote  to  raise  a  tax  for  the  purpose  of  building  a  school- house  was 
declared  carried,  but  the  records  do  not  show  the  amount  to  be  raised  by 
said  tax,  nor  is  there  anything  to  show  what  amount  if  any  was  certified 
up  to  the  board  of  supervisors.  On  the  20th  of  April  the  board  voted 
that  $1,500  was  necessary  for  the  erection  of  two  school-houses,  and  on 
the  2nd  of  May  the  electors  voted  bonds  to  that  amount  for  school-house 
purposes.  There  is  nothing  to  show  what  form  of  ballots  was  used,  or 
what  was  the  intention  of  the  electors  in  voting  the  bonds.  When  the 
intention  of  the  electors  in  voting  money  for  school-house  purposes  is 
clearly  known,  it  is  the  duty  of  the  directors  to  proceed  in  accordance 
therewith. 

We  therefore  deem  it  best  to  remand  the  case  to  the  county  superin- 
tendent, with  instructions  to  remand  it  to  the  board  in  order  that  they 
may  ascertain  what  was  the  intention  of  the  electors  and  that  they  attempt 


138  SCHOOL  LAW  DECISIONS. 

in  good  faith  to  carry  it  out.  If  they  fail  to  do  this,  the  surest  remedy 
is  an  application  to  the  court  for  a  writ  compelling  them  to  carry  out  the 
intention  of  the  electors. 

REMANDED. 
HENRY  SABIN, 
December  23,  1891.  Superintendent  of  Public  Instruction* 


C.  A.   WEBSTER  v.  INDEPENDENT  DISTRICT  NUMBER  SEVEN,  BURR  OAK 

TOWNSHIP. 

Appeal  from  WinnesMek  County. 

1.    DISCRETIONARY  ACTS.    To  warrant  interference  with  a  discretionary  act> 
abuse  of  discretion  must  be  proved  beyond  a  reasonable  doubt. 

2. .     It  is  not  the  province  of  an  appeal  to  discover  and  correct  a  slight 

mistake.  The  board  alone  must  bear  any  blame  that  may  attach  to  a  choice 
deemed  by  appellants  somewhat  undesirable,  but  not  an  unwise  selection  to- 
such  a  degree  as  to  indicate  an  abuse  of  the  discretion  ordinarily  exercised. 

On  the  3d  day  of  October,  1891,  the  board  relocated  the  school-house 
site.  Appeal  was  taken  to  the  county  superintendent,  who  reversed  the 
action  of  the  board  which  ordered  the  house  removed  to  the  new  loca- 
tion. From  this  decision  John  Knox  president  of  the  board  appeals. 

The  proceedings  in  this  case  are  entirely  regular.  It  is  not  claimed 
that  there  was  any  direct  violation  of  law,  nor  that  prejudice  or  improper 
motives  in  the  least  influenced  the  action  of  the  board.  The  very  com- 
mon complaint  that  the  discretion  vested  in  the  board  by  the  law  had 
been  abused  was  virtually  the  only  error  urged. 

The  only  question  for  us  to  determine  is  the  single  one  as  to  whether 
the  county  superintendent  was  warranted  in  setting  aside  the  order  of 
the  board.  Unless  the  evidence  clearly  sustains  his  conclusions  we 
shall  be  compelled  to  reverse  his  decision.  But  if  the  evidence  shows 
plainly  a  gross  abuse  of  discretion  on  the  part  of  the  board,  then  -we 
must  affirm. 

Where  an  abuse  of  the  large  discretion  vested  in  the  board  is  urged,  to 
warrant  interference  by  an  appellate  tribunal  such  abuse  must  be  proved 
conclusively.  The  testimony  must  disclose  so  fully  the  nature  of  the 
unwarranted  action  as  to  leave  no  reasonable  doubt.  The  acts  of  a 
board  must  be  presumed  to  be  correct,  and  they  are  entitled  to  the  benefit 
of  every  doubt.  Unless  it  is  fully  apparent  that  the  discretionary  power 
of  the  board  has  been  abused  to  such  an  extent  as  to  render  interference 
necessary,  it  is  the  duty  of  the  county  superintendent  to  allow  the  act  of 


SCHOOL  LAW  DECISIONS.  139- 

the  board  to  stand,  although  he  may  differ  from  the  board  very  strongly 
as  to  the  desirability  of  the  order  in  question.  In  this  connection,  atten- 
tion is  called  to  appeal  decisions  found  on  pages  35,  82,  90,  100  and  135, 
School  Law  Decisions  of  1888. 

In  this  case  while  the  testimony  shows  that  the  removal  to-the  site 
selected  will  bring  the  school-house  quite  a  distance  south  of  the  center 
of  the  district,  it  is  not  in  evidence  that  a  suitable  site  might  have  been 
found  nearer  the  center.  It  must  be  presumed  that  the  board  carefully 
weighed  all  the  reasons  in  favor  of  and  against  the  site  chosen,  and  also- 
that  they  endeavored  to  find  the  best  site.  The  evidence  is  by  no  means 
conclusive  that  they  did  not  select  the  best  site  obtainable.  If  in  the 
opinion  of  the  people  an  error  has  been  made,  it  rests  with  the  electors 
to  choose  a  board  favoring  another  location. 

It  is  with  reluctance  that  we  reverse  the  decision  of  the  county  super- 
intendent. There  can  be  no  question  that  he  intended  to  seek  substan- 
tial justice  for  the  people  of  the  district. 

This  decision  does  not  prevent  the  board,  if  thought  desirable  to  do- 
so,  from  reconsidering  the  action  by  which  the  new  site  was  chosen  and 
selecting  a  different  site. 

But  we  can  not  find  that  the  evidence  supports  the  county  superin- 
tendent in  overruling  the  order  made  by  the  board  and  his  decision  is 
therefore 

KEVERSED. 
J.  B.  KNOEPFLER, 

February  26,  1892.  Superintendent  of  Public  Instruction. 


R.  G.  W.  FORSYTHE  v.  INDEPENDENT  DISTRICT  OF  KIRKVILLE  . 
Appeal  from   Wapello  County. 

1 .  APPEAL.    Where  changes  are  effected  in  district  boundaries  by  the  concurrent, 
action  of  two  boards,  appeal  may  be  taken  from  the  order  of  the  board  concur- 
ring or  refusing  to  concur,  but  not  from  the  order  of  the  board  taking  action 
first. 

2.  TERRITORY.    All  territory  must  be  contiguous  to  the  district  to  which  it  be- 
longs. 

3.  JURISDICTION.    In  change  of  boundaries  by  two  boards,  an  appellate  tribunal 
acquires  only  the  same  power  possessed  by  the  board  from  whose  action  appeal 
is  taken,  and  may  do  no  more  than  to  affirm  the  order,  or  to  reverse  and  do 
what  the  board  refused  to  do. 

The  board  of  the  above  named  district  refused  to  concur  in  the  action 
of  the  board  of  the  district  township  of  Richland,  offering  to  transfer  cer- 
tain territory  to  the  independent  district.  Mr.  Forsythe,  desiring  the 


140  SCHOOL  LAW  DECISIONS. 

transfer,  appealed  to  the  county  superintendent,  who  reversed  the  action 
of  the  board  and  ordered  the  transfer  of  the  territory  under  consideration 
by  the  two  boards,  with  the  exception  of  the  N.  W.  quarter  of  the  S.  W. 
quarter  of  section  18,  which  the  county  superintendent  directed  should 
remain  a  part  of  the  district  township  of  Kichland,  and  also  ordered  the 
transfer  of  the  N.  W.  quarter  of  the  N.  W.  quarter  of  section  18,  which 
would  otherwise  be  cut  off  from  the  district  township  to  which  it  belongs. 
From  this  decision  L.  Jones,  president  of  the  board  of  the  independent 
district  of  Kirkville,  appeals. 

This  case  turns  on  the  power  of  the  county  superintendent  to  modify 
the  order  appealed  from  in  the  manner  done  by  him.  It  is  true  that 
even  if  the  board  of  the  independent  district  of  Kirkville  had  concurred 
in  the  transfer  of  the  territory  released  by  the  other  board,  such  order 
would  not  have  been  in  conformity  with  the  spirit  of  the  law,  because 
forty  acres  would  then  be  left  belonging  to  the  district  township  of  Rich- 
land  and  not  contiguous  to  the  remainder  of  the  district.  The  county 
superintendent  was  led  to  conclude  that  the  forty  acres  in  question  should 
be  transferred,  if  any  change  of  boundaries  was  made.  But  could  the 
•county  superintendent  so  determine  in  this  appeal?  We  think  not.  The 
board  of  the  independent  district  might  concur  or  refuse  to  concur.  They 
might  refuse  to  concur,  and  initiate  a  new  proposition  which  the  board 
of  the  district  township  could  act  upon,  when  appeal  would  then  lie  from 
the  last  action.  But  an  attempt  to  change  the  order  originally  made 
would  render  it  necessary  to  have  such  new  action  considered  by  the 
other  board,  before  becoming  effective,  or  even  in  order  that  the  action 
•could  be  brought  within  the  power  of  the  county  superintendent  to  con- 
sider on  appeal.  For  in  a  case  of  this  kind  no  matter  can  come  into  the 
<?ase  on  appeal,  unless  the  second  board,  the  one  last  acting,  concurs  or 
refuses  to  concur  in  the  order  initiated  or  proposed  by  the  board  first 
taking  action. 

It  follows  then  that  the  county  superintendent  having  only  appellate 
jurisdiction,  could  not  assume  original  jurisdiction  and  do  what  the 
board  from  whose  action  the  appeal  was  taken  could  not  have  done.  See 
Dobbins  and  Briggs  v.  District  Township  of  Salem,  page  24,  School  Law 
Decisions  of  1888.  Therefore  we  are  compelled  to  hold  that  the  county 
superintendent  did  not  have  the  power  to  decide  that  the  N.  W.  quarter 
of  the  N.  W.  quarter  of  section  18  should  be  transferred. 

A  careful  investigation  of  the  transcript  leads  us  to  believe  that  per- 
haps such  a  change  of  the  boundaries  as  would  transfer  the  residence  of 
Mr.  Forsy  the  to  the  independent  district,  might  be  desirable.  Of  course 
such  transfer  would  include  entire  forties  of  land,  and  no  territory  could 
be  separated  from  the  district  to  which  it  should  belong.  Whether  any 
change  is  best,  must  be  determined  by  the  boards  interested,  the  action 


SCHOOL  LAW  DECISIONS. 

of  the  board  last  acting  being  subject  to  correction  on  appeal.  In  order 
that  the  matter  may  come  again  without  prejudice  to  the  attention  of  the 
boards,  the  decision  of  the  county  superintendent  is  reversed  and  the 
case  remanded  to  him  to  be  reopened  and  heard  again.  We  think  he 
will  be  compelled  by  necessity  to  affirm  the  decision  of  the  board  of  the 
independent  district  of  Kirkville,  in  refusing  to  concur  in  the  transfer 
proposed  by  the  district  township.  This  will  leave  all  matters  as  nearly 
as  possible  in  the  same  condition  they  were  before  any  action  was  taken. 
It  will  then  be  in  order  for  either  board  at  any  time  to  initiate  such  a 
change  of  boundaries  as  may  seem  demanded.  There  is  no  absolute 
necessity  for  a  petition  or  request.  A  petition  may  be  used  to  bring  to 
the  attention  of  the  board  the  kind  of  action  desired  by  the  petitioners,, 
but  a  board  may  act  with  equal  directness  without  such  request. 

RE  VERSED    AND    REMANDED. 

J.  B.  KNOEPFLER, 

April  6,  1892.  Superintendent  of  Public  Instruction. 


C.  F.  SCHEPPELE  v.  INDEPENDENT  DISTRICT  OF  STONE  HILL. 
Appeal  from  Dubuque  County. 

1.  APPEAL:  Rehearing  of.  In  refusing  a  rehearing,  or  in  granting  the  same, 
unless  the  discretion  of  the  county  superintendent  was  unjustly  exercised,  his 
decision  must  be  affirmed,  on  appeal. 

— .    'JJQ  warrant  another  trial,  material  reasons  must  appear,  to 

prove  that  a  second  hearing  is  desirable. 

— .  The  presumption  that  the  trial  was  regular  and  the  proceed- 
ings full  and  complete,  must  be  overcome  by  the  reasons  urged  for  the  rehear- 
ing. 

The  county  superintendent  refused  to  grant  a  rehearing  in  this  case. 
The  affidavit  of  appeal  from  his  decision  of  refusal  alleges  a  large  number 
of  errors  urged  as  having  been  made  in  thus  refusing  to  allow  a  new  trial. 
It  is  obvious  that  we  are  to  determine  only  a  single  question.  In  refusing 
a  rehearing,  did  the  county  superintendent  err  to  such  an  extent  as  to 
warrant  a  reversal  of  his  decision? 

The  motion  for  a  second  trial  must  be  addressed  to  the  judgment  and 
discretion  of  the  officer  to  whom  the  motion  is  presented.  In  granting 
or  refusing  to  grant  such  a  request,  the  county  superintendent  has  origi- 
nal jurisdiction  and  his  conclusions  must  receive  from  us  the  same  con- 
sideration on  appeal  which  he  himself  is  bound  to  give  to  the  discretionary 
acts  of  the  boards.  If  error  conclusively  appears,  a  discretionary  act  may 


142  SCHOOL  LAW  DECISIONS. 

be  set  aside.     But  every  reasonable  doubt  inures  to  the  benefit  of  the 
party  whose  acts  are  questioned. 

In  order  that  we  may  be  warranted  in  reversing  the  decision  of  the 
county  superintendent  and  remanding  this  case  to  him  for  a  retrial,  we 
must  first  be  well  satisfied  that  his  discretion  in  refusing  the  rehearing 
was  unjustly  exercised.  If  he  failed  properly  to  appreciate  the  reasons 
urged,  not  giving  full  consideration  to  all  existing  facts  within  his 
knowledge,  and  without  due  examination  arbitrarily  refused  the  rehear- 
ing, then  the  consideration  merited  by  his  discretionary  act  is  correspond- 
ingly diminished. 

Having  very  carefully  reviewed  the  testimony  with  reference  to  the 
several  points  of  error  urged,  and  closely  examined  the  many  authori- 
ties and  references  cited  by  counsel  in  the  case,  and  other  additional 
authorities,  we  are  unable  to  find  that  the  county  superintendent  erred  in 
refusing  the  motion  for  a  rehearing. 

The  real  merits  of  the  case  seem  to  have  been  very  clearly  within  full 
review  at  the  trial  of  the  appeal.  Some  trivial  matters  may  have  been 
omitted,  but  in  the  main,  the  leading  issues  were  clearly  outlined.  After 
due  deliberation,  the  order  of  the  board  was  affirmed,  and  decisive 
reasons  given  for  such  conclusion. 

Unless  the  county  superintendent  could  bring  himself  to  believe  that 
another  trial  was  best,  he  could  not  in  justice  to  all  concerned  grant  the 
motion  in  question.  We  do  not  find  that  the  leading  reasons  urged  were 
well  supported.  Although  these  leading  reasons  may  not  have  been 
referred  to  frequently  at  the  time  of  hearing,  they  were  within  the  full 
knowledge  of  all  the  parties  to  the  trial.  We  must  presume  that  the  fact 
of  the  nearness  of  the  dairy  and  the  boneyard,  and  the  claim  that  the 
action  of  the  board  was  influenced  by  private  interests,  were  not  disre- 
garded by  the  county  superintendent  in  making  up  his  mind  as  to  his 
final  decision. 

It  must  be  assumed  that  the  board  would  not  select  a  site  clearly  unfit 
for  use.  A  location  upon  swampy  ground  would  be  manifestly  an  unsuit- 
able site.  And  the  choice  of  a  site  so  near  any  manufactory  as  to  inter- 
fere unduly  with  the  use  of  the  school-house  for  school  purposes,  would 
be  a  palpable  abuse  of  discretion.  If  any  of  these  conditions  actually 
exist  in  this  case,  as  now  urged  in  asking  us  to  order  a  new  trial,  the 
aggrieved  parties  had  ample  opportunities  to  bring  convincing  proof  of 
such  facts  into  their  case  at  the  time  of  its  trial,  and  if  they  could  have 
found  such  testimony  and  failed  to  do  so,  they  were  derelict  to  their  own 
interests.  But  the  evidence  fails  to  disclose  unsuitableness  in  any  of  these 
particulars,  or  to  indicate  that  the  county  superintendent  failed  in  any 
manner  to  give  serious  and  respectful  consideration  to  every  reason  for 


SCHOOL  LAW  DECISIONS.  143 

a  new  trial  that  was  presented  to  his  notice.     His  action  in  refusing  a 
rehearing  is 

AFFIRMED. 

J.  B.  KNOEPFLER, 

May  23,  1892.  Superintendent  of  PiMic  Instruction. 


INDEX  TO  APPEAL  CASES. 


ADDITIONAL   SCHOOL— 

It  is  the  intention  of  section  1725  that  an  attendance  of  at  least  ten  schol- 
ars may  reasonably  be  expected 99 

AFFIDAVIT— 

The  affidavit  may  be  amended  when  such  action  is  not  prejudicial  to  the 
rights  of  any  party  interested 25 

An  affidavit  is  a  statement  in  writing,  signed  and  made  upon  oath  before 
an  authorized  magistrate 27 

The  lack  of  an  affidavit  is  sufficient  ground  to  refuse  a  hearing 77 

APPEAL— 

The  right  of  appeal  is  not  limited  to  cases  of  personal  grievance 22 

Mere  technical  objections  should  not  prevent  the  fullest  presentation  of 
the  merits  of  the  case,  in  the  trial  of  an  appeal 25 

An  appeal  may  be  taken  from  the  refusal  of  the  county  superintendent 
to  investigate  charges  brought  against  a  teacher 43 

Appeal  may  be  taken  from  an  action  of  the  board  which  authorizes  the 
making  of  a  contract,  but  not  from  a  subsequent  action  or  order  com- 
plying with  the  terms  of  a  contract  previously  made,  nor  from  an 
action  authorizing  the  issuance  of  an  order  in  payment  of  a  debt  con- 
tracted by  previous  action  of  the  board 46 

A  case  whose  sole  purpose  is  to  determine  the  validity  of  an  order  on 
the  district  treasury,  or  the  equity  of  a  claim,  cannot  be  entertained  on 
appeal  to  the  county  superintendent;  the  courts  of  law  alone  can  fur- 
an  adequate  remedy 46 

Appeal  will  not  be  entertained  from  the  action  of  the  board  in  rescinding 
a  previous  illegal  action 46 

The  execution  by  the  board  of  the  vote  of  the  electors  upon  matters 
within  their  control,  is  mandatory,  from  such  action  of  the  board  no 
appeal  can  be  taken.  If  such  action  is  tainted  with  fraud,  an  applica- 
tion to  a  court  of  law  is  the  proper  remedy 55 

The  right  of  appeal  is  confined  to  persons  injuriously  affected  by  the 
decision  or  order  complained  of.  Ordinarily  a  person  living  in  one 
subdistrict  cannot  appeal  from  an  action  of  the  board  locating  a  site  in 
another , -58 

The  adoption  of  the  committee's  report  in  favor  of  retaining  the  old 
school-house  site,  is  an  action  from  which  appeal  may  be  taken 59 

Where  changes  are  effected  in  district  boundaries  by  the  concurrent 
action  of  two  boards,  appeal  may  be  taken  from  the  order  of  the  board 
concurring  or  refusing  to  concur,  but  not  from  the  order  of  the  board 
taking  action  first 61 

Appeal  may  be  taken  from  the  action  of  the  board  in  laying  the  subject- 
matter  of  a  petition  on  the  table 62 

10 


146  INDEX. 

APPEAL-CoNTiNUED- 

May  be  taken  by  any  resident  elector  of  the  district,  aggrieved  by  an 
action  of  the  board 80 

The  failure  Jo  file  the  transcript  within  the  time  mentioned  in  the  law 
will  not  invalidate  the  appeal 99 

An  appeal  will  lie  to  determine  conclusively  whether  the  provisions  of 
section  1797  have  been  complied  with 117 

Will  not  lie  to  control  the  action  of  either  board  or  of  the  county  super- 
intendent, under  section  1793 118 

A  decision  may  be  modified  upon  proof  that  a  change  in  its  terms  is 
desirable 120 

An  appeal  will  not  lie  from  an  order  of  a  board  initiating  a  change  in 
boundaries,  where  the  concurrence  of  the  board  of  an  adjoining  dis- 
trict is  necessary  to  effect  the  change 120 

It  is  not  intended  that  the  superintendent  of  public  instruction  shall 
hear  an  appeal  case  de  novo.  He  is  confined  to  the  record  of  the  case 
as  heard  before  the  county  superintendent 126 

It  is  not  the  purpose  of  an  appeal  to  secure  a  decision  as  to  which  of 
two  sites  is  preferable,  or  as  to  whether  a  better  site  might  not  have 
been  found.  If  the  site  chosen  is  proved  to  be  unsuitable,  or  an  abuse 
of  discretionary  power  is  clearly  shown,  then  the  order  of  the  board 
may  be  set  aside,  but  not  otherwise '. 126 

The  action  of  two  boards  upon  a  subject  over  which  they  have  divided 
control  constitutes  a  concurrent  action,  and  appeal  may  be  taken  only 
from  the  order  of  the  board  taking  action  last 129 

A  technical  error  in  the  affidavit  not  prejudicial  to  either  party  will  not 
defeat  the  appeal . .. 130 

Where  changes  are  effected  in  district  boundaries  by  the  concurrent 
action  of  two  boards,  appeal  may  be  taken  from  the  order  of  the  board 
concurring  or  refusing  to  concur,  but  not  from  the  order  of  the  board 

taking  action  first 139 

Rehearing  of.  In  refusing  a  rehearing,  or  in  granting  the  same,  unless 
the  discretion  of  the  county  superintendent  was  unjustly  exercised, 
his  decision  must  be  affirmed,  on  appeal 141 

To  warrant  another  trial,  material  reasons  must  appear,  to  prove  that  a 
second  hearing  is  desirable 141 

The  presumption  that  the  trial  was  regular  and  the  proceedings  full  and 

complete,  must  be  overcome  by  the  reasons  urged  for  the  rehearing. .  141 
APPEAL  DECISION— 

Essentials  of.  When  the  order  of  a  board  is  reversed,  the  portions  of  the 
testimony  relied  upon  should  be  pointed  out  and  clear  and  convincing 

reasons  should  be  given  in  support  of  the  conclusion  reached 22 

ARBITRATION— 

If  the  county  superintendent  is  asked  to  arbitrate  no  appeal  will  lie 77 

ASSETS  AND  LIABILITIES— 

When  an  entire  township  is  organized  into  independent  districts,  the 
settlement  of  assets  and  liabilities  is  made  by  the  boards  of  the  newly 
created  independent  districts 110 


INDEX.  147 

PAGE 

ATTENDANCE— 

Every  person  between  the  ages  of  five  and  twenty-one  years  has  the 
right  to  attend  school  in  the  district  in  which  he  resides,  regardless  of 
considerations  relating  to  race,  nationality,  the  holding  of  property, 
or  the  payment  of  taxes 53 

The  payment  of  school  taxes  does  not  entitle  nonresidents  to  ST?honl 
privileges 53 

The  board  have  authority  to  determine  when,  and  upon  what  terms, 

nonresident  pupils  may  attend  the  schools  of  their  district 53 

BOARD  OF  DIRECTORS— 

The  board  should  be  sustained  in  all  legitimate  and  reasonable  measures 
to  maintain  order  and  discipline,  to  uphold  the  rightful  authority  of 
the  teacher,  and  to  prevent  or  suppress  insubordination  in  the  school.  49 

The  board,  though  not  bound  by  a  vote  of  the  electors  directing  the  pre- 
cise location  of  a  school-house  site,  are  required  to  so  locate  it  as  to 
accommodate  the  people  for  whom  designed 55 

If  in  the  selection  of  a  site  the  board  violate  law  or  abuse  their  discre- 
tionary power,  their  action  may  be  reversed  on  appeal 55 

An  illegal  action  may  be  corrected  by  application  to  a  court  for  a  writ 
of  certiorari 55 

The  action  of  the  board  cannot  be  reversed  upon  the  allegations  of 
appellant  without  proof,  or  by  reason  of  failure  of  the  board  to  make 
defense 59 

The  acts  of  the  board  are  presumed  to  be  regular,  legal  and  just,  and 
should  be  affirmed  on  appeal,  unless  proof  is  brought  to  show  the 

contrary 59 

Discretionary  acts  of.  The  weight  which  properly  attaches  to  the  discre- 
tionary actions  of  a  tribunal  vested  with  original  jurisdiction,  does  not 
apply  to  the  decisions  of  an  inferior  appellate  tribunal 59 

The  acts  of  a  board  must  be  presumed  to  be  regular,  and  should  be 
affirmed  on  appeal  unless  positive  proof  is  brought  to  show  the  con- 
trary   64 

Discretionary  power  of.  In  the  absence  of  proof  that  the  board  have 
abused  the  authority  given  them  by  the  law,  their  orders  will  not  be 
set  aside,  although  another  decision  might  to  many  seem  preferable. .  96 

After  such  a  decision  as  prevents  any  action  of  the  board  until  some 
material  change  occurs,  in  order  that  the  board  may  act  anew  changes 
of  such  a  character  as  to  obviate  to  a  large  extent  the  objections  that 
previously  existed,  must  have  taken  place 123 

The  board  must  endeavor  to  determine  the  actual  intention  of   the 

electors,  and  to  carry  out  their  expressed  wishes 137 

BOUNDARIES— 

Must  conform  to  congressional  divisions  of  land 80 

CERTIFICATE- 

Revocation  of.  The  inability  to  govern  is  sufficient  reason  for  withholding 
a  certificate  and  for  the  revocation  of  the  same 71 

A  certificate  which  has  expired  by  limitation  cannot  be  revoked 71 

Refusal  of.  The  county  superintendent  is  his  own  judge  as  to  how  fully 
he  will  give  the  applicant  reasons  for  the  refusal  of  a  certificate 115 

The  county  superintendent  is  charged  with  the  responsibility  of  refusing 
to  issue  a  certificate  to  any  person  unless  fully  satisfied  that  the  appli- 
cant possesses  the  essential  qualifications  demanded  of  teachers  by  the 
law..  .  115 


148 

CHARGES- 

Must  be  clearly  sustained  by  the  evidence 84 

CLAIMS— 

Just  claims  against  the  district  can  be  enforced  only  in  the  courts  of  law    40 
CONDITIONAL  RULING- 

A  county  superintendent  may  make  a  conditional  ruling,  by  which 

his  own  decision  is  governed 68 

CONTESTED  ELECTION— 

Jurisdiction.    The  proper  method  of  determining  a  contested  election  for 

school  director  is  by  an  action  brought  in  the  district  court 35 

CONTRACTS— 

All  contracts  require  the  approval  of  the  board 40 

The  district  township  is  bound  by  the  contract  of  the  subdirector  when 

made  according  to  instructions  of  the  board 45 

If  a  subdirector  enter  into  a  contract  on  behalf  of  the  district,  without 
authority  of  the  board,  he  does  so  at  his  own  risk;  such  contract  is  not 

binding  upon  the  district  unless  approved  by  the  board 45 

An  appeal  will  not  lie  to  enforce  a  contract  76 

COUNTY  SUPERINTENDENT— 

May  upon  appeal  create  subdistrict 25 

Has  no  jurisdiction  of  an  appeal  until  an  affidavit  is  filed 27 

Should  not  reverse  an  action  of  the  board  which  is  in  accordance  with 

instructions  of  the  superintendent  of  public  instruction 28 

A  county  superintendent  may  make  a  conditional  ruling  by  which  his 

own  decision  is  governed 68 

Jurisdiction  of.  The  county  superintendent  is  not  limited  to  a  reversal  or 
affirmance  of  the  action  of  the  board,  but  he  determines  the  same  ques- 
tions which  they  had  determined 68 

.  A  county  superintendent  should  not  ask  the  state  superintendent  to 
decide  a  case  on  appeal  for  him,  but  may  ask  for  an  interpretation  of 
law,  either  by  the  state  superintendent,  or  through  him,  by  the  attorney- 
general 79 

DISCRETION— 

Abuse  of.    Is  not  established  by  evidence  showing  that  a  different  action 

on  the  part  of  the  board  would  have  been  preferred  by  the  electors. . .     82 
DISCRETIONARY  ACTS— 

The  county  superintendent  having  only  appellate  jurisdiction,  should 
not  reverse  discretionary  acts  of  the  board,  without  explicit  and  clearly 
stated  proof  of  the  abuse  of  such  discretion,  even  though  not  fully 

approving  their  action 22 

May  be  reversed  on  appeal,  but  should  not  be  disturbed  except;  upon 

evidence  of  unjust  exercise  or  abuse 27 

Since  the  board  have  original  jurisdiction,  their  discretionary  acts  should 
not  be  interfered  with  by  an  appellate  tribunal,  although  not  agreeing 
with  their  judgment,  unless  they  violated  law,  showed  prejudice  or 
malice,  or  abused  their  discretion  in  such  manner  as  to  require  inter- 
ference    70 

Suggestions  from  the  electors  upon  matters  entirely  within  the  control 
of  the  board  will  in  no  manner  prevent  the  fullest  exercise  of  the  dis- 
cretion vested  in  the  board  by  the  law 75 


INDEX.  149 

DISCRETIONARY  ACTS— CONTINUED— 

Action  by  the  board  unduly  delaying  the  final  consideration  of  an  im- 
portant matter,  may  be  regarded  as  an  evidence  of  prejudice ,  100 

In  the  exercise  of  discretion,  the  benefit  of  every  reasonable  doubt  must 

be  given  in  favor  of  the  correctness  of  the  official  acts  of  the  board. . . .  108 
May  not  be  reversed  unless  the  proof  is  conclusive.     The  board  must 

bear  any  blame  that  may  attach  to  an  unwise  or  inexpedient  action. . .  Ill 
Unless  a  marked  violation  of  the  large  discretion  vested  in  the  county 
superintendent  is  proved  clearly  and  conclusively,  his  action  in  refus- 
ing or  revoking  a  certificate  will  not  be  interfered  with  on  appeal 115 

The  appellate  tribunal  is  to  decide  only  whether  the  action  complained 
of  in  the  affidavit  of  appeal  is  proved  to  be  of  such  a  nature  as  to 

compel  a  reversal  of  such  action 126 

To  warrant  interference  with  a  discretionary  act,  abuse  of  discretion 

must  be  proved  beyond  a  reasonable  doubt 138 

It  is  not  the  province  of  an  appeal  to  discover  and  correct  a  slight  mis-  * 
take.     The  board  alone  must  bear  any  blame  that  may  attach  to  a 
choice  deemed  by  appellants  somewhat  undesirable,  but  not  an  unwise 
selection  to  such  a  degree  as  to  indicate  an  abuse  of  the  discretion 

ordinarily  exercised. .   , 138 

DISTRICT  BOUNDARIES— 

In  the  determination  of  district  and  subdistrict  boundaries,  temporary 
expenditures  and  individual  convenience  should  be  subordinated  to  the 
more  important  considerations  relating  to  simplicity  of  outline,  com- 
pactness of  shape,  uniformity  of  size,  and  permanence  of  sites  and 

boundaries 61 

DISTRICT  ORGANIZATION— 

Validity  of.    The  county  superintendent  has  no  jurisdiction  to  determine 

the  validity  of  district  organization 82 

DISTRICT  TOWNSHIP— 

Should  not  ordinarily  contain  more  than  nine  subdistricts 28 

ELECTION— 

Evidence  of.  The  certificate  of  the  officers  of  the  annual  subdistrict  meet- 
ing is  the  legal  evidence  of  election  as  subdirector,  and  as  a  general 
rule  a  board  of  directors  is  justified  in  declining  to  recognize  a  person 

as  a  member  of  the  board  until  he  produces  such  certificate 35 

EVIDENCE— 

Where  the  law  requires  the  evidence  of  a  transaction  to  be  in  writing, 
oral  evidence  can  be  substituted  for  it  only  when  the  writing  cannot 

be  produced 35 

To  establish  malice  or  prejudice  on  the  part  of  the  board,  positive  evi- 
dence must  be  introduced 79 

EXPLANATORY   NOTES— 

Force  of.  Notes  to  the  school  law,  while  proper  aids  to  school  officers, 
have  not  the  binding  force  of  law,  and  a  noncompliance  with  them  is 

not  necessarily  a  violation  of  law 20 

HIGHWAY— 

It  is  important  that  a  school-house  site  be  located  on  a  public  road,  and 
as  near  the  center  of  the  subdistrict  as  practicable 39 


150  INDEX. 

INDEPENDENT  DISTRICT— 

Organization  of.  In  establishing  the  boundaries  of  a  contemplated  inde- 
pendent district  under  section  1801,  the  board  should  include  with 
the  town  such  contiguous  territory  as  may  best  subserve  the  conven- 
ience of  the  people  for  school  purposes 1135 

Organization  of.  In  fixing  boundaries  the  general  welfare  must  be  re- 
garded. Besides  the  town  itself,  only  such  territory  should  be  em- 
braced as  will  add  to  the  usefulness  of  the  new  district,  and  not 

deprive  any  large  number  of  adequate  school  privileges 133; 

JANITORIAL  SERVICES- 

If  a  teacher  serves  as  janitor  in  sweeping  the  room  and  building  tires, 

he  should  be  paid  from  the  contingent  fund  for  such  services 76- 

JURISDICTION— 

An  application  for  an  appeal  filed  within  thirty  days  from  the  act  of  the 
board  complained  of  will  not  give  the  county  superintendent  juris- 
diction of  the  case.  The  appeal  must  be  taken  by  affidavit 37 

The  county  superintendent  does  not'have  jurisdiction  of  cases  involving 

a  money  demand 3$ 

In  most  matters  with  which  boards  have  to  do  under  the  law,  their 
authority  and  responsibility  are  absolute,  and  their  jurisdiction  is 

complete  and  exclusive 108 

A  former  order  of  the  board,  or  a  decision  of  the  county  superintendent 
on  appeal,  will  not  operate  to  prevent  the  board  from  exercising  their 

discretion  anew,  when  good  reasons  exist  for  such  action 108 

The  jurisdiction  of  an  appellate  tribunal  is  not  greater  than  that  of  the 

board  from  whose  action  the  appeal  is  taken 120 

In  change  of  boundaries  by  two  boards,  an  appellate  tribunal  acquires 
only  the  same  power  possessed  by  the  board  from  whose  action  appeal 
is  taken,  and  may  do  no  more  than  to  affirm  the  order,  or  to  reverse 

and  do  what  the  board  refused  to  do , 139- 

LOCATION— 

May  be  less  than  forty  rods  of  a  dwelling  when  obtained  by  purchase.. .     86- 
MANDAMUS— 

To  compel  the  performance  of  an  official  duty  not  involving  the  exer- 
cise of  discretion,  a  writ  of  mandamus  is  a  speedy  remedy 1001 

To  compel  the  performance  of  an  official  duty,  appeal  sometimes  con- 
sumes valuable  time.  Mandamus  is  often  a  more  speedy  as  well  as  a 

better  remedy 128 

The  surest  method  to  stcure  the  performance  of  a  mandatory  duty  is 

application  to  a  court  for  a  writ  of  mandamus 137 

NEW  EVIDENCE— 

New  evidence  can  be  introduced  only  when  the  facts  materially  affect- 
ing the  case  could  not  have  been  known  before  the  trial 66 

NOTICE— 

The  county  superintendent  should  not  issue  notice  of  final  hearing  until 
both  the  affidavit  and  the  transcript  of  the  district  secretary  have  been 

filed  in  his  office 27 

The  appearance  of  a  party  at  the  hearing  is  a  complete  waiver  of  notice.     61 
When  leading  parties  in  the  case  sign  an  agreement  waiving  notice, 
neither  side  can  afterward  object  to  such  proceedings  as  being  irregu- 
lar..  .  113 


INDEX.  151 

PAGE 

PROCEEDINGS— 

In  the  absence  of  proof  to  the  contrary,  the  legal  presumption  is  that 
the  proceedings  before  the  county  superintendent  were  entirely  regular.  20 

The  regularity  of  all  the  proceedings  will  be  presumed  upon.  This  is 
true  in  an  especial  sense  when  the  records  are  more  than  usually  full 

and  complete  .   77 .  ~  .  122 

PUNISHMENT— 

The  punishment  of  a  pupil  with  undue  severity,  or  with  an  improper  in- 
strument, is  unwarrantable,  and  may  serve  in  some  degree,  to  indi- 
cate the  animus  of  the  teacher 48 

In  applying  correction,  the  teacher  must  exercise  sound  discretion  and 
judgment  and  should  choose  a  kind  of  punishment  adapted  not  only 
to  the  offense,  but  to  the  offender 48 

Eight  to  inflict  upon  pupils.  The  right  of  the  parent  to  restrain  and 
coerce  obedience  in  children  applies  equally  to  the  teacher,  or  to  any 
one  who  acts  in  loco parentis 49 

The  use  of  the  rod  is  allowable  as  a  last  resort 71 

QUO  WARRANTO- 

The  only  proper  means  of  affirming  the  right  to  exercise  the  privileges 
of  an  office,  or  to  contest  the  illegal  exercise  of  the  same,  is  set  forth 

in  sections  3345-3352 67 

RECORDS— 

The  official  record  is  its  own  best  evidence.  Testimony  intended  to  con- 
tradict the  record  should  not  be  admitted 28 

In  the  absence  of  the  allegation  of  fraud,  testimony  to  contradict  or  im- 
peach the  records  of  the  district  cannot  be  received 31 

The  board  may  at  any  time  amend  the  record  of  the  district,  when  nec- 
essary to  correct  mistakes  or  supply  omissions.  And  may  upon  proper 
showing  be  compelled  by  mandamus  to  make  such  corrections 31 

The  recoinl  of  the  secretary  must  be  considered  as  evidence,  unless  there 
is  proof  of  fraud  or  falsehood 72 

The  record  of  the  secretary  shall  be  considered  as  evidence,  and  cannot 
be  invalidated  by  parol  evidence  unless  there  is  proof  of  fraud  or  false- 
hood    78 

Impeachment  of.    Records  not  made  and  certified  to  by  the  proper  officers 
as  required  by  law  are  defective  and  may  be  impeached  by  collateral 

evidence 84 

REHEARING— 

To  justify  the  granting  of  a  new  trial,  a  reasonable  doubt  must  arise  in 
the  mind  of  the  officer  to  whom  application  is  made,  as  to  the  absolute 
correctness  of  his  former  conclusions 102 

To  warrant  a  rehearing,  some  valid  reason  must  be  urged 105 

To  obtain  a  rehearing  the  necessity  must  be  clearly  shown 108 

A  new  trial  should  be  refused  unless  cogent  reasons  are  produced,  caus- 
ing doubts  to  arise  as  to  whether  the  merits  of  the  case  were  fully  and 
fairly  set  forth  at  the  former  hearing.  The  reasons  urged  must  pre- 
sent a  strong  probability  that  a  modification  of  the  previous  decision 

might  be  found  to  be  desirable 134 

REMANDING  OF  CASES— 

When  the  evidence  discloses  that  the  action  of  the  board  was  an  unwise 
one,  and  the  facts  are  not  sufficiently  shown  to  determine  what  should 
be  done,  the  case  should  be  remanded  to  the  board 66 


152  INDEX. 

REMANDING  OF  CASES— CONTINUED— 

Unless  the  transcript  indicates  clearly  the  manner  in  which  the  board 
understand  the  expression  of  the  electors,  an  appellate  tribunal  on  the 
trial  will  be  compelled  to  remand  the  case  to  the  board  for  a  more 

definite  action , 1 37 

REVOCATION  OF  TEACHER'S  CERTIFICATE— 

The  order  of  a  county  superintendent  revoking  a  certificate  will  not 
be  interfered  with  on  appeal  unless  it  appears  that  he  acted  from 
passion  or  prejudice 17 

Opinions  unsupported  by  facts  cannot  be  received  as  satisfactory  evi- 
dence of  prejudice 17 

A  teacher's  certificate  can  be  legally  revoked  only  upon  proof  of  charges 
of  which  he  has  had  personal  notice,  and  against  which  he  has  had  the 
opportunity  to  make  his  defense , .  41 

A  person  addicted  to  the  use  of  intoxicating  liquors  who  even  occasion- 
ally becomes  intoxicated  is  not  likely  to  promote  correct  moral  teach- 
ing in  the  public  schools  by  his  example,  nor  to  possess  such  moral 
character  as  to  entitle  him  to  a  teacher's  certificate 41 

The  county  superintendent  may  refuse  to  entertain  a  petition  for  the 

revocation  of  a  teacher's  certificate 43 

RULES  AND  REGULATIONS— 

The  power  to  prescribe  rules  and  regulations  for  the  government  of  the 
board  is  not  a  function  of  the  electors 45 

A  rule  adopted  by  the  board,  and  not  a  provision  of  law,  may  be  modi- 
fied at  the  option  of  the  board 45 

Boards  of  directors  and  their  agents,  the  teachers,  may  establish  reason- 
able rules  for  the  government  of  schools  and  the  control  of  pupils. . .  49 

The  teacher  has  the  right  to  require  the  pupil  to  answer  questions  which 
tend  to  elicit  facts  concerning  his  conduct  in  school 49 

The  pupil  is  answerable  for  acts  which  tend  to  produce  merriment  in  the 
school  or  to  degrade  the  teacher. 49 

Open. violation  of  the  rules  of  the  school  cannot  be  shielded  from  inves 
tigation  under  the  plea  that  it  invades  the  rights  of  conscience 49 

In  establishing  and  enforcing  regulations  for  the  government  of  schol- 
ars, the  board  have  a  large  discretion 91 

SALARY  OF  TEACHERS— 

The  salary  of  teachers  should  be  in  proportion  to  their  ability  and 
responsibility,  and  not  equal  when  these  circumstances  differ  mate- 
rially    73 

The  control  of  salaries  is  wholly  within  the  power  of  the  board  and  can- 
not be  determined  by  an  appeal,  because  it  is  not  within  the  jurisdic- 
tion of  county  or.  state  superintendent  to  order  the  payment  of  money    73 
SCHOOL  FUNDS— 

Disbursement  of.    The  treasurer  is  the  proper  custodian  of  all  funds,  and 
can  legally  p&y  them  out  only  upon  orders  specifying  the  fund  upon 
which  they  are  drawn  and  the  specific  use  to  which  they  are  applied.     40 
SCHOOL-HOUSE— 

Removal  of.    A  vote  of  the  electors  of  a  subdistrict  to  remove  a  school- 
house  will  not  compel  the  board  to  act  affirmatively  in  relation  thereto.     37 


INDEX.  153 

SCHOOL-HOUSE-CoNTiNUED - 

Removal  of.  The  board  may  legally  remove  a  school-house  from  one  sub- 
district  to  another  only  by  vote  of  the  eleptors 43 

When  the  electors  have  voted  to  remove  a  school-house  from  one  sub- 
district  to  another  the  board  must  execute  such  vote,  if  in  accordance 

with  law;  from  their  action  in  so  doing  no  appeal  can  be  taken 43 

Removal  of.  The  removal  of  an  old  house  away  from  the  geographical 
center  and  away  from  the  center  of  population,  without  special  and 
strong  reasons  therefor,  is  an  abuse  of  the  discretionary  power  of  the 

board <),") 

Power  to  build.  There  is  no  limitation  in  law  as  to  the  number  of  scholars 
to  be  accommodated,  in  order  that  the  board  may  provide  a  school- 
house  132 

SCHOOL-HOUSE  SITE— 

It  is  important  that  a  school-house  be  located  on  a  public  road,  and  as 

near  the  center  of  the  subdistrict  as  practicable 39 

Location  of.  The  action  of  a  committee  appointed  by  the  board  to  locate 
a  site  is  of  no  force  until  officially  adopted  by  the  board  while  in  session.  58 

Subdistrict  boundaries  cannot  be  changed  upon  an  appeal  relating  solely 
to  the  location  of  a  site,  nor  can  a  site  be  located  with  the  expectation 
that  the  boundaries  will  be  changed,  unless  such  is  shown  to  be  the 
intention  of  the  board 58 

The  prospective  wants  of  a  subdistrict  may  properly  have  weight  in 
determining  the  selection  of  a  site,  when  such  selection  becomes  neces- 
sary, but  not  in  securing  the  removal  of  a  school-house  conveniently 
located  for  the  present 64 

To  make  a  distinction  between  the  children  of  freeholders  and  those  of 
tenants  in  determining  the  proper  location  for  a  school-house,  is  con- 
trary to  the  spirit  and  intent  of  our  laws .' 64 

The  necessities *of  the  present  must  be  observed  in  locating  school-house 

sites,  in  preference  to  the  probabilities  of  the  future 66 

Location  of.  The  location  of  a  school-house  can  be  dependent  upon  a 
change  of  boundaries  only  when  it  is  shown  in  evidence  that  it  is  the 
definite  and  positive  intention  to  make  such  a  change 68 

The  choice  of  a  school-house  site  by  the  electors  has  no  binding  effect. . .     70 

A  school-house  site  fixed  by  county  or  state  superintendent  affirming  the 
discretionary  act  of  the  board,  allows  the  board  to  exercise  their  dis- 
cretion again,  especially  if  material  changes  have  occurred 75 

The  endeavor  to  show  regard  for  the  expressed  wishes  of  the  electors  in 
the  choice  of  a  site,  will  be  an  added  reason  in  support  of  the  action  of 

the  board ?5 

Proper  location  of.    Depends  upon  form  of  subdistrict 80 

When  purchased  by  the  board  the  provisions  of  sections  1825-1828  do 

not  apply 

Location  of.  The  condition  of  matters  in  the  subdistrict  should  govern 
the  location  of  the  house.  The  attendance  of  parties  from  an  adjoin- 
ing subdistrict  should  not  determine  the  change  of  site 

It  is  manifestly  unwise  for  the  electors  to  express  any  preference  for  a 
site,  by  a  vote.  The  remedy  of  any  one  aggrieved  by  the  action  of  the 
board  is  appeal 


154  INDEX. 

PAGE 

SCHOOL-HOUSE  SITE— CONTINUED— 

The  board  are  bound  to  take  into  account  any  special  reasons  existing 
which  favor  a  particular  location,  and  a  vote  of  the  electors  to  expend 
school-house  funds  in  a  certain  specified  manner,  may  not  with  safety 
be  disregarded 93 

A  village  in  a  subdistrict  has  special  claims  favoring  the  selection  of  a 
site  within  its  limits.  The  element  of  distance  to  be  traveled  by  some 
is  largely  overcome  by  the  advantages  of  a  location  in  the  town 94 

When  purchased,  the  provisions  of  section  1825  do  not  apply.  The  dis- 
trict stands  in  the  same  relation  to  the  public  and  to  individuals,  in 
this  respect,  as  do  other  corporations,  and  may  purchase  and  convey 

real  estate  accordingly 96 

Relocation  of.  When  it  is  the  evident  intention  of  the  board  to  relocate 
the  site  as  near  as  possible  in  the  center  of  the  subdistrict,  in  order  to 
furnish  equal  school  facilities  to  all  residents,  their  action  should  not 

be  materially  interfered  with 105 

SCHOOL-HOUSE  TAXES— 

All  taxes  voted  by  the  district  township  meeting  must  be  apportioned 
among  the  subdistricts.  Any  part  of  the  tax  voted  by  the  subdistrict 
meeting  which  the  district  township  neglects  or  refuses  to  grant,  must 
be  certified  and  levied  upon  the  subdistrict.  The  board  hare  no 
option  but  to  obey  the  requirements  of  the  law 52 

Must  be  certified,  collected,  and  expended,  in  accordance  with  the  vote 
of  the  electors 90 

The  board  may  not  refuse  to  expend  school-house  funds  for  the  purposes 

for  which  they  were  voted ,   128 

SCHOOL  ORDERS— 

When  improperly  issued  by  the  board,  the  proper  remedy  is  an  injunc- 
tion from  the  civil  courts j 38 

SCHOOL  PRIVILEGES— 

The  law  is  to  be  construed  in  the  interest  of  the  child.  The  actual  resi- 
dence of  the  scholar  at  the  time  will  establish  the  right  to  attend  school 

free  of  tuition , 130 

SUBDIRECTOR— 

The  subdirector  may  expend  money  in  his  subdistrict  only  in  the  man- 
ner authorized  by  the  board 40 

SUBDISTRICT— 

Size  of.  It  is  better  to  have  large  subdistricts  with  good  school-houses 
well  furnished,  than  small  subdistricts  with  undersized  and  poorly  fur- 
nished school-houses 13 

Size  of.  There  are  very  many  serious  objections  to  the  formation  of  small 
subdistricts 28. 

Should  be,  if  possible  compact  and  regular  in  form.  In  well  populated 
district  townships,  two  miles  square  is  considered  a  desirable  area  for 
each  subdistrict , ' , 39< 

A  subdistrict  is  not  a  corporate  body,  and  has  no  control  of  any  public 
fund 40 

Other  things  being  equal,  both  territory  and  school  population  should  be 
about  equally  divided  among  the  subdistricts  of  a  district  township. . .  54 

One  subdistrict  should  not  differ  greatly  from  the  average  subdistrict  of 
the  district  township  both  in  territory  and  school  population 54 


INDEX.  155. 

SUBDISTRICT-CONTINUED- 

Form  of.  It  is  very  important  that  subdistricts  should  be  regular  in  form, 
and  that  where  it  is  possible,  school-houses  should  be  located  at  or 

near  geographical  centers •. .     89 

The  board  may  not  redistrict  so  as  to  abolish  a  subdistrict,  with  in- 
tent to  prevent  the  building  of  a  house  provided  for  by  the  electors. . .     90 
Form  of.    The  board  should  be  encouraged  in  forecasting  a  general  plan 

looking  toward  an  ultimate  regularity  in  the  form  of  subdistricts 132 

SUBDISTRICT  BOUNDARIES— 

Change  of.    In  changing  subdistrict  boundaries,  both  the  present  and  the 

future  welfare  of  the  district  should  be  considered 13 

Change  of.  The  acts  of  a  board  changing  subdistrict  boundaries  and  lo- 
cating school-houses  are  so  far  discretionary  that  they  should  be 
affirmed  on  appeal,  unless  it  is  shown  that  there  has  been  an  abuse  of 

discretion 22 

Subdistrict  boundaries  can  be  changed  only  by  affirmative  vote  of  a  ma- 
jority of  all  the  members  of  the  board 47 

Change  of.  A  case  involving  a  change  of  subdistrict  boundaries,  having 
been  adjudicated  by  the  county  superintendent  reversing  the  action  of 
the  board,  and  being  affirmed  by  the  superintendent  of  public  instruc- 
tion, cannot  again  be  brought  upon  appeal,  unless  it  can  be  shown  that 
some  change  materially  affecting  the  conditions  of  the  case  has  taken 

place  since  the  date  of  the  former  decision 103- 

A  subdistrict  long  established,  embracing  a  territory  having  a  sufficient 
number  of  scholars  to  maintain  a  good  school,  should  not  be  abol- 
ished, unless  the  general  school  facilities  of  the  township  will  be  im- 
proved thereby 10£ 

The  boundaries  of  subdistricts  may  be  changed  or  new  subdistricts 
formed,  only  at  the  regular  meeting  of  the  board  in  September  or  at  a 

special  meeting  held  before  the  following  March 124 

SUSPENSION  OR  EXPULSION— 

Suspension  or  expulsion  of  a  scholar,  in  an  independent  district,  requires 
the  action  of  the  board  by  a  majority,  and  the  concurrence  of  the  presi- 
dent   72' 

TEACHER- 

Right  of,  to  inflict  punishment  upon  their  pupils.  A  school-master  who 
stands  in  loco  parentis  may,  in  proper  cases,  inflict  moderate  and  rea- 
sonable chastisement.  The  law  confides  to  teachers  a  discretionary 
power  in  the  infliction  of  punishment  upon  their  pupils, and  will  not  hold 
them  responsible  criminally,  unless  the  punishment  be  such  as  to  occa- 
sion permanent  injury  to  the  child,  or  be  inflicted  merely  to  gratify 

their  own  evil  passions 14 

The  teacher  is  responsible  for  the  discipline  of  his  school,  and  for  the 
progress  and  deportment  of  his  scholars.  It  is  his  imperative  duty  to 
maintain  good  order  and  require  of  all  a  faithful  performance  of  their 
duties.  If  he  fails  to  do  so  he  is  unfit  for  his  position.  To  enable  him 
to  discharge  these  duties  effectually,  he  must  necessarily  have  the 
power  to  enforce  prompt  obedience  to  his  requests.  For  this  reason 
the  law  gives  him  the  power,  in  proper  cases,  to  inflict  corporal  pun- 
ishment upon  refractory  scholars • 14 


U6  INDEX. 

PAGE 

TE  ACHE  R— CONTINUED— 

When  a  teacher  is  dismissed  in  violation  of  his  contract,  an  action  in  the 
courts  of  law  will  afford  him  a  speedy  and  adequate  remedy;  when 
discharged^ for  incompetency,  dereliction  of  duty,  or  other  cause  affect- 
ing his  qualifications  as  a  teacher,  he  has  the  right  of  appeal 63 

The  teacher  is  entitled  to  the  counsel  and  co-operation  of  the  subdirector    . 
and  board  in  all  matters  pertaining  to  the  conduct  and  welfare  of  the 
school 63 

The  law  provides  that  a  teacher  shall  have  a  fair  and  impartial  trial, 

with  sufficient  notice  to  enable  him  to  rebut  the  charges  of  his  accusers.     84 
Trial  of.    In  the  trial  of  a  teacher  the  board  are  bound  carefully  to  protect 
the  interests  of  the  district  and  to  seek  the  welfare  of  the  school,  as 
well  as  to  regard  the  rights  guaranteed  to  the  teacher 122 

As  an  employe  of  the  district  the  teacher  may  justly  claim  and  expect  to 
receive,  the  official  assistance  and  advice  of  the  board 135 

Section  1734  insures  the  teacher  a  fair  and  impartial  trial,  before  he 

may  be  discharged 135 

TERRITORY  - 

Transfer  of.  Where  territory  is  to  be  transferred  by  concurrent  action  of 
two  boards  to  the  district  to  which  it  geographically  belongs,  a  majority 
of  the  members  elect  is  not  necessary,  as  required  for  the  change  of 
subdistrict  boundaries 78 

All  territory  must  be  included  within  some  school  district 80 

Transfer  of.  When  a  transfer  is  sought  under  section  1797,  no  appeal  will 
lie  to  control  the  discretion  of  the  county  superintendent  and  the  board 
of  the  district  from  which  the  territory  is  taken , Il7 

All  territory  must  be  contiguous  to  the  district  to  which  it  belongs 13U 

TESTIMONY— 

Unless  obviously  immaterial,  testimony  offered  should  be  admitted  and 
given  such  weight  as  it  merits. ' 27 

At  the  hearing  of  an  appeal  before  the  county  superintendent  it  is  com- 
petent for  him,  upon  his  own  motion,  to  call  additional  witnesses  to 
give  testimony 31 

The  superintendent  should  afford  full  opportunity  for  the  introduction 
of  testimony,  and  the  examination  of  witnesses  should  be  so  conducted 
as  to  disclose  all  material  facts.  What  is  shown  by  the  plat  need  not 
also  be  presented  orally 57 

Sufficient  latitude  should  be  allowed  in  the  introduction  of  testimony  to 
permit  a  full  presentation  of  the  issues  involved,  even  if  irrelevant 

testimony  is  occasionally  admitted 62 

TUITION— 

Collection  of  tuition  under  section  1793  cannot  be  done  by  appeal  to  the 
county  superintendent,  but  must  be  settled  through  the  courts 77 

To  enable  the  district  in  which  the  children  reside  to  collect  tuition,  all 
the  requirements  of  section  1793  must  first  be  fulfilled , 118 


AMENDMENTS 


TO   THE 


|i  SCHOOL  LAWS  OF  180 

S5  J 


(-9    O* 

M   H 


fls  Enacted  1nj.tlie  Twenty-fifth  General  Sssemblii. 


§g 

£  g  PUBLISHED  BY  THE  SUPERINTENDENT    OF    PUBLIC  INSTRUC- 

co  2 

TION,    IN     CONFORMITY     WITH     SECTION      1579,    FOR 

DISTRIBUTION    TO    SCHOOL    OFFICERS    AND 

kw 

BOARDS    OF    DIRECTORS. 


w 


DES  MOINES; 

G.   R.   UAOSDALE,   STATE  PRINTER. 

1894. 


When  any  school  officer  is  superseded  by  election  or  otherwise, 
he  shall  immediately  deliver  to  his  successor  in  office,  all  books, 
papers,  and  moneys  pertaining  to  his  office,  taking  a  receipt  there- 
for; and  every  such  officer  who  shall  refuse  to  do  so,  or  who  shall 
wilfully  mutilate  or  destroy  any  such  books  or  papers,  or  any  part 
thereof,  or  shall  misapply  any  moneys  entrusted  to  him  by  virtue 
of  his  office,  shall  be  liable  to  the  provisions  of  the  general  statutes 
for  the  punishment  of  such  offense. — Section  1791,  Code. 


PREFACE. 


This  pamphlet  is  compiled  and  distributed  in  order  that  every 
one  officially  connected  with  the  administration  of  school  affairs 
may  know  the  latest  statutory  enactments. 

Chapter  34  gives  any  board  power  to  use  contingent  fund  to 
supply  books  in  order  that  all  children  may  continuously  enjoy  the 
privileges  of  school.  This  is  a  most  generous  and  praiseworthy 
benefaction  on  the  part  of  the  state.  It  is  believed  that  if  all 
boards  will  take  action  in  accordance  with  the  spirit  of  this  provis- 
ion, the  percentage  of  attendance  can  be  materially  increased,  and 
the  usefulness  of  our  schools  to  all  the  people,  greatly  enhanced. 
The  investment  of  a  few  dollars  may  thus  prove  of  the  highest 
value  in  the  results  produced. 

Chapter  35  makes  a  desirable  change  in  the  text-book  law,  by 
relieving  the  president  of  an  irksome  individual  responsibility. 

Chapter  36  will  enable  the  board  of  examiners  to  afford  enlarged 
opportunities  to  the  teachers  of  the  state. 

Chapter  37  is  a  very  important  enactment.  We  have  already 
referred  to  the  duty  of  every  board,  in  a  special  circular  dated 
April  10.  The  subject  is  one  which  may  well  be  continuously  in 
the  mind  of  every  school  officer.  It  is  obvious  that  providing  suit- 
able accommodations  will  need  to  be  reinforced  by  vigilant  super- 
vision and  close  inspection,  in  order  to  meet  the  requirements  of 
the  law. 

Chapter  38  allows  a  town  or  village  of  not  less  than  100,  under 
certain  conditions,  to  become  an  independent  district. 

Chapter  39  confers  upon  women  the  right  to  vote  at  school  and 
municipal  elections,  upon  questions  involving  the  issuing  of  bonds 
or  the  increase  of  the  tax  levy,  but  not  to  vote  for  school  directors. 

Chapter  40  at  present  affects  only  the  State  Normal  School  at 
Cedar  Falls. 

Each  one  of  these  amendments  goes  into  effect  on  the  4th  of 
next  July. 

HENRY  SABIN, 
Superintendent  of  Public  Instruction, 

May  15,  1894. 


SESSION  LAWS. 


CHAPTER  34,  LAWS  OF  1894. 


AN  ACT  to  amend  section  1729  of  the  code  so  as  to  enable  school  boards  to 
furnish  the  necessary  school  books  for  the  use  of  indigent  children. 

Section  1729  of  the  code  is  hereby  amended  by  incorporating 
after  the  word  4 'districts"  as  the  same  occurs  therein,  the  follow- 
ing: "or  to  furnish  the  necessary  books  to  indigent  pupils,  when 
they  are  likely  to  be  deprived  of  the  proper  benefits  of  the  school 
unless  aided  by  the  district  with  books," 


CHAPTER  35,  LAWS  OF  1894. 

AN  ACT  to  amend  section  1,  of  chapter  24,  laws  of  the  twenty-third  general 
assembly,  with  regard  to  the  purchase  and  sale  of  text-books. 

The  following:  is  section  1,  as  amended: 

SECTION  1.  The  board  of  directors  of  each  ard  every  district 
township  and  independent  district  in  the  state  of  Iowa  is  hereby 
authorized  and  empowered  to  adopt  text-books  for  the  teaching  of 
all  branches  that  are  now  or  may  hereafter  be  authorized  to  be 
taught  in  the  public  schools  of  the  state,  and  to  contract  for  and 
buy  said  books  and  any  and  all  other  necessary  school  supplies  at 
said  contract  prices,  and  to  sell  the  same  to  the  pupils  of  their 
respective  districts  at  cost,  and  said  money  so  received  shall  be 
returned  to  the  contingent  fund.  The  books  and  supplies  so  pur- 
chased shall  be  under  the  charge  of  the  board,  who  may  select  one 
or  more  persons  within  the  county,  ro  keep  said  books  and  supplies 
for  sale,  and  to  insure  the  safety  of  the  books  and  moneys  the 
board  shall  require  of  each  person  so  appointed,  a  bond  in  such 
(sum  as  may  seem  to  the  board  to  be  desirable. 


1         O 


CHAPTER  36,  LAWS  OF  1894. 


AN  ACT  to  amend  section  8,  chapter  167,  laws  of  1882. 
The  last  line  of 'section  8,  chapter  167,  laws  of  1882,  is  amended 
by  striking  out  the  words   "three  hundred  dollars"  and  inserting 
"six  hundred  dollars." 


CHAPTER  3T,  LAWS  OF  1894. 


AN  ACT  to  amend  section  1729  of  the  code  of  1873,  requiring  boards  of 
directors  to  provide  and  keep  in  good  repair  suitable  water-closets 
or  privies  in  connection  with  all  public  school  buildings. 

Section  1^29  of  the  code  is  amended  by  adding  at  the  close  of 
the  section,  the  following: 

It  shall  be  the  duty  of  the  board  to  give  especial  attention  to  the 
matter  of  convenient  water-closets  or  privies  for  every  school,  and 
expenses  incurred  for  such  puipose  shall  be  paid  from  the  contin- 
gent fund  of  the  district.  On  every  schoolhouse  site  not  within  an 
independent  district  including  a -city,  town,  or  village,  there  shall 
be  provided  and  kept  in  good  repair  and  in  wholesome  condition  at 
least  two  separate  buildings,  which  shall  be  located  upon  those  por- 
tions of  the  site  farthest  from  the  main  entrance  to  the  schoolhouse, 
and  as  far  from  each  other  as  the  surrounding  conditions  will  war- 
rant. In  independent  districts  including  a  city,  town,  or  village, 
if  it  seems  to  the  board  undesirable  to  build  several  outhouses, 
separate  closets  may  be  included  under  one  roof,  but  where  closets 
of  this  kind  are  outside  the  schoolhouse,  each  closet  shall  be  as 
effectively  separated  from  any  other  as  possible,  and  a  brick  wall, 
a  double  partition,  or  some  other  solid  and  continuous  barrier  shall 
extend  from  the  roof  to  the  lowest  part  of  the  vault  below,  and  a 
substantial  close  fence  not  less  than  seven  feet  in  height,  and  at 
least  thirty  feet  in  length,  shall  separate  the  approaches  to  such 
outdoor  closets,  for  the  two  sexes. 


—  6  — 


CHAPTEK  38,  LAWS  OF  1894. 


AN  ACT  to  amend  section  1800  of  the  code  of  Iowa  as  amended  by  chapter 
139  of  the  laws  of  the  eighteenth  general  assembly  of  the  state  of  Iowa. 

Section  1800  of  the  code,  as  amended  by  chapter  139  of  the 
acts  of  the  eighteenth  general  assembly,  is  amended  by  adding  at 
the  end  of  said  section  the  following  words:  ''Provided,  however, 
that  towns  or  villages  having  not  less  than  one  hundred  inhabitants, 
under  like  circumstances,  may  be  constituted  a  separate  district, 
but  shall  not  be  authorized  to  include  contiguous  territory,  except 
upon  a  written  petition  of  a  majority  of  the  resident  electors  of  the 
territory  outside  the  town  or  village  proposed  to  be  included  in  said 
district." 


CHAPTER  39,  LAWS  OF  1894. 


AN  ACT  conferring  upon  women  the  right  to  vote  in  certain  cases. 

In  any  election  hereafter  held  in  any  city,  incorporated  town  or 
school  district  for  the  purpose  of  issuing  any  bonds  for  municipal 
or  school  purposes,  or  for  the  purpose  of  borrowing  money,  or  for 
the  purpose  of  increasing  the  tax  levy,  the  right  of  any  citizen  to 
vote  shall  not  be  denied  or  abridged  on  account  of  sex,  and  women 
may  vote  at  such  elections  the  same  as  men,  under  the  same 
restrictions  and  qualifications. 


CHAPTER  40,  LAWS  OF  1894. 


AN  ACT  to  provide  for  the  training  school  of  the  State  Normal  School. 

SECTION  1.  The  board  of  directors  of  any  district  wherein  shall 
be  situated  any  normal  or  training  school  or  in  any  contiguous  dis- 
trict, supported  by  the  state,  are  authorized  to  enter  into  a  contract 
with  the  board  of  directors  or  other  managing  authorities  of  such 
normal  or  training  school,  for  the  instruction  of  the  pupils  of  the  dis- 
trict in  such  training  school,  and  the  teachers'  fund  of  such  district 
shall  be  paid  for  such  tuition  in  such  training  school. 

SEC.  "2.  Such  contracts  shall  be  in  writing  and  shall  not  extend 
over  a  period  of  more  than  two  years  and  a  copy  thereof  shall  be 
filed  in  the  office  of  the  superintendent  of  schools  of  the  county. 

SEC.  3.  No  contract  for  such  instruction  shall  provide  for  a 
larger  sum  to  be  paid  as  tuition  than  fifty  cents  per  week  for  each 
pupil  receiving  such  instruction.  The  principal  of  such  training 
school  shall  make  to  the  board  of  directors  in  such  district  and  to 
the  county  superintendent  all  reports  required  by  law  to  be  made 
by  teachers. 

SEC.  4.  All  sums  so  paid  for  tuition  shall  go  to  the  contingent 
fund  of  the  school. 


AMENDMENTS 


{School  Laws  of  1892, 


AS  ENACTED  BY  THE 


TWENTY  -SIXTH  GENERAL  ASSEMBLY. 


Sa. 


CO 


1896 


PUBLISHED  BY  THE 

3 

SUPERINTENDENT  OF  PUBLIC  INSTRUCTION, 

£  In  Conformity  with  Section  1579,  for  Distribution  to  School 
g-  Officers  and  Boards  of  Directors. 

5" 
00 

o> 

2-  


DBS  MOINES: 

J.  B.  CONAWAY,  STATE  PRINTE*. 
1896, 


PREFACE. 


In  view  of  the  fact  that  an  extra  session  of  the  legislature 
may  possibly  be  held  next  winter,  to  revise  all  the  laws,  it  is 
thought  best  to  postpone  the  publication  of  a  new  edition  of  the 
school  laws.  The  amendments  in  this  pamphlet,  those  in  the 
amendments  printed  two  years  ago,  and  the  law  in  the  edition 
of  the  school  laws  of  1892,  contain  all  the  direct  provisions  of 
the  law  relating  to  schools. 

Chapter  37  will  afford  districts  the  opportunity  to  supply 
free  books,  so  that  all  children  may  continuously  enjoy  the 
privileges  of  school.  It  is  believed  that  if  districts  will  take 
action  in  accordance  with  the  spirit  of  this  provision,  the  per- 
centage of  attendance  at  school  can  be  materially  increased,  and 
the  usefulness  of  our  schools  to  all  the  children,  greatly  enhanced. 

Chapter  38  will  allow  boards  in  independent  districts  to  main- 
tain a  kindergarten  for  the  instruction  of  the  small  children. 

Chapter  39  has  two  important  provisions.  To  the  branches 
in  which  teachers  are  examined,  there  is  added  the  subject  of 
elementary  civics  and  economics.  The  addition  of  this  branch 
cannot  fail  to  be  of  value  to  all  teachers,  and  it  has  the  effect  to 
call  anew  to  the  attention  of  school  authorities  the  desirability 
of  this  kind  of  instruction.  The  hand-book  for  Iowa  teachers 
contains  enough  upon  civil  government  to  enable  any  teacher 
mastering  that  work,  to  pass  an  examination  upon  the  subject. 

For  the  first  time,  our  law  recognizes  a  high  grade  county 
certificate.  The  amendment  provides  that  a  first  class  certifi- 
cate shall  be  valid  for  two  years.  It  is  expected  that  this  first 
class  certificate  will  be  a  credential  which  is  given  only  to 
teachers  of  very  successful  experience  in  school  work,  and  also 
thoroughly  well  qualified  as  to  scholarship  and  character. 

Chapter  40  repeals  the  law  making  the  tenure  of  office  of 
subdirectors  three  years  and  re-enacts  the  former  law.  It  will 
be  noticed  that  the  term  of  office  of  subdirectors  already  elected 
is  not  interfered  with,  but  that  such  subdirectors  will  hold  the 
remainder  of  the  term  for  which  they  were  chosen. 

Each  one  of  these  amendments  goes  into  effect  on  the  4th  of 
July  of  the  present  year.  HENRY  SABIN, 

May  28,  1896,  Superintendent  of  Public  Instruction, 


SESSION   LAWS. 

CHAPTER  37,  LAWS  OF  1896. 


AN  ACT  to  enable  boards  of  school  directors  to  provide  free  text-books 
for  pupils  in  the  public  schools. 

SECTION  1.  Whenever  a  petition  signed  by  one -third  or 
more  of  the  legal  voters,  to  be  determined  by  the  school  board, 
of  any  school  township  or  independent  district,  shall  be  filed 
with  the  secretary,  thirty  days  or  more  before  the  annual  meet- 
ing of  the  electors,  asking  that  the  question  of  providing  free 
text-books,  for  the  use  of  pupils  in  the  public  schools  thereof,  be 
submitted  to  the  voters  at  the  next  annual  meeting,  he  shall 
cause  notice  of  such  proposition  to  be  given  in  the  call  for  such 
meeting. 

SEC.  2.  If  at  such  meeting  a  majority  of  the  legal  voters 
present  and  voting  by  ballot  thereon  shall  authorize  the  board 
of  directors  of  said  school  township  or  independent  district  to 
loan  text-books  to  the  pupils  free  of  charge,  then  the  board 
shall  procure  such  books,  as  shall  be  needed,  in  the  manner 
provided  by  law  for  the  purchase  of  text-books,  and  loan  them 
to  the  pupils. 

SEC.  3.  The  board  shall  hold  pupils  responsible  for  any 
damage  to,  loss  of,  or  failure  to  return  any  such  books,  and 
shall  adopt  such  rules  and  regulations  as  may  be  reasonable 
and  necessary  for  the  keeping  and  preservation  thereof. 

SEC.  4.  Any  pupil  shall  be  allowed  to  purchase  any  text- 
book used  in  the  school  at  cost. 

SEC.  5.  No  pupil  already  supplied  with  text-books  shall  be 
supplied  with  others  without  charge  until  needed. 

SEC.  6.  The  electors  may  at  an  election  called  as  herein  pro- 
vided, direct  the  board  to  discontinue  the  loaning  of  books  to 
pupils. 


CHAPTER  38,  LAWS  OF  1596. 


AN  ACT  to  authorize  kindergartens  in  independent  school  distri 
SECTION  1.  The  board  of  directors  of  any  independent 
school  district  is  hereby  empowered  to  establish  within  said 
district  in  connection  with  the  common  schools  a  kindergarten, 
or  kindergartens,  for  the  instruction  of  children,  to  be  paid  for 
in  the  same  manner  as  other  grades  or  departments. 

SEC.  2.  All  teachers  in  kindergartens  established  under  this 
act  shall  hold  a  certificate  from  the  county  superintendent 
certifying  that  the  holder  thereof  has  been  examined  upon 
kindergarten  piinciples.  and  is  qualified  to  teach  in  kinder- 
gartens. 


CHAPTER  39,  LAWS  OF  1896. 

Ax  ACT  to  amend  sections  1766  and  1767,  chapter  9,  title  12,  of  the  code  of 
Iowa,  in  relation  to  teachers'  certificates. 

SECTION  1.  That  section  1766,  chapter  9,  title  12,  of  the 
code  of  Iowa,  be  and  is  hereby  amended  by  inserting  the 
words  "elementary  civics  and  economics,"  in  the  eighth  line 
of  said  section  immediately  following  the  word  *  physiology." 

SEC.  2.  That  section  1767,  chapter  9,  title  12,  of  the  code  of 
Iowa,  be  and  is  hereby  amended  by  inserting  the  words:  "A 
first  class  certificate  shall  be  valid  for  a  term  of  two  years. 
and  all  other  grades  of  certificates/'  in  the  fourth  line  of  said 
section  immediately  following  the  word  *  'effect. " 


CHAPTER  40,  LAWS  OF  1896. 

-s 

AN  ACT  to  repeal  sections  1  and  2,  chapter  20,  acts  of  the  Twenty-fourth 
General  Assembly,  and  enact  a  substitute  therefor,  changing  the  term 
of  office  of  subdirector  from  three  years  to  one  year. 

That  sections  1  and  2,  chapter  20,  acts  of  the  Twenty  fourth 
General  Assembly  be,  and  are  hereby  repealed,  and  the  follow- 
ing enacted  in  lieu  thereof: 

SECTION  1.  All  subdirectors  elected  to  fill  vacancies  occur- 
ring in  March,  1897,  and  annually  thereafter,  shall  serve  for  a 
term  of  one  year. 


:  53872 


I 


